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State v. Cady

Supreme Court of Vermont

June 22, 2018

State of Vermont
v.
Aaron Cady

          On Appeal from Superior Court, Caledonia Unit, Criminal Division

          Elizabeth D. Mann, J. Maria L. Byford, Caledonia County Deputy State's Attorney, St. Johnsbury, for Plaintiff-Appellee.

          David C. Sleigh and Kyle L. Hatt of Sleigh Law, St. Johnsbury, for Defendant-Appellant.

          PRESENT: Reiber, C.J., Skoglund, Robinson, Eaton and Carroll, JJ.

          EATON, J.

         ¶ 1. Defendant Aaron Cady appeals the trial court's decision, rejecting his coram nobis petition challenging the validity of the plea colloquy preceding his conviction for driving under the influence, second offense (DUI-2). We conclude the writ of error coram nobis is unavailable to defendant; thus, we affirm, but on different grounds.

         I. Facts and Procedural History

         ¶ 2. Defendant was convicted of his first DUI in 2006. In March 2012, defendant was convicted of DUI-2 following entry of a guilty plea. The 2012 plea colloquy for the DUI-2 included the following exchange:

[THE COURT:] What the State says you did is that, on November 4th of 2011, at Lyndon, [you] operated a motor vehicle, specifically a Jeep Wrangler, on a public highway, that being U.S. Route 5, when you had an alcohol concentration that exceeded .08 percent. Specifically, the alcohol concentration was .214 percent. And that you had previously been convicted of driving under the influence back in January of 2006. Do you agree that the State has enough evidence to prove you did that beyond a reasonable doubt?
THE DEFENDANT: Yes.
THE COURT: To the charge of driving under the influence, second offense, how do you plead?
THE DEFENDANT: Guilty.
THE COURT: The Court will accept your guilty plea, find it was made knowing and voluntarily and that there is a factual basis for the charge.

         ¶ 3. The court found the plea was made knowingly and voluntarily and entered a guilty judgment. Defendant was sentenced and placed on probation. He did not appeal the DUI-2 conviction. After complying with all sentencing terms, ...


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