Vermont Statutes Title 13 Sec. 7042
Terms Used In Vermont Statutes Title 13 Sec. 7042
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
§ 7042. Sentence review
(a) Any court imposing a sentence under the authority of this title, within 90 days of the imposition of that sentence, or within 90 days after entry of any order or judgment of the Supreme Court upholding a judgment of conviction, may upon its own initiative or motion of the defendant, reduce the sentence.
(b) A State’s Attorney or the Attorney General, within seven business days of the imposition of a sentence, may file with the sentencing judge a motion to increase, reduce, or otherwise modify the sentence. This motion shall set forth reasons why the sentence should be altered. After hearing, the court may confirm, increase, reduce, or otherwise modify the sentence.
(c) After a motion is filed under subsection (b) of this section, a defendant’s time for filing an appeal under 12 V.S.A. § 2383 shall commence to run upon entry of a final order under subsection (b). (Added 1977, No. 251 (Adj. Sess.); amended 1981, No. 223 (Adj. Sess.), § 12; 2017, No. 11, § 29.)