State v. Spitsyn

811 A.2d 201, 174 Vt. 545, 2002 Vt. LEXIS 250
CourtSupreme Court of Vermont
DecidedOctober 3, 2002
DocketNo. 01-143
StatusPublished
Cited by6 cases

This text of 811 A.2d 201 (State v. Spitsyn) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Spitsyn, 811 A.2d 201, 174 Vt. 545, 2002 Vt. LEXIS 250 (Vt. 2002).

Opinions

Surety Marble Valley Bail Bonds, Ltd. appeals from an order of the Rutland District Court forfeiting bail following defendant’s nonappearance for a status conference preceding his sentencing hearing. We affirm.

The relevant facts are taken from the docketing statement and are not in dispute. On August 17, 2000, Dmitri Spitsyn was arraigned in Rutland District Court on one count of negligent operation of a vehicle, in violation of 23 V.S. A § 1091(b). The court imposed conditions of release, and surety posted $3,000 bail. On October 31, 2000, the parties informed the court that defendant intended to enter into a plea agreement with the State, and the court set the plea hearing for Novembers, 2000.

At the plea hearing, defendant pled guilty pursuant to a plea agreement to negligent operation of a vehicle, in violation of 23 V.S.A § 1091(a), and the trial court entered judgment. A sentencing hearing was set for February 14, 2001 and, at a status conference on that day, defendant failed to appear and the State filed a motion for forfeiture of bail. On February 16, a warrant was issued for defendant’s arrest. On February 27, the trial court heard the State’s motion for forfeiture of bail and ordered that bail be forfeited.

On appeal surety argues that: (1) the language of the bond obligates it to secure defendant’s appearance only “pending trial”; and (2) its obligation was discharged because the trial court entered judgment without notice to the surety and without reviewing defendant’s conditions of release, as required by V.R.Cr.P. 46(c).

Surety’s first argument is that the plain language of the bail agreement obligated surety to secure defendant’s appearance only “pending trial” and therefore, at the time judgment was entered, surety’s obligation was discharged.

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Cite This Page — Counsel Stack

Bluebook (online)
811 A.2d 201, 174 Vt. 545, 2002 Vt. LEXIS 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-spitsyn-vt-2002.