Appeal from Superior Court, Caledonia Unit, Criminal Division
Elizabeth D. Mann, J. Maria L. Byford, Caledonia County
Deputy State's Attorney, St. Johnsbury, for
C. Sleigh and Kyle L. Hatt of Sleigh Law, St. Johnsbury, for
PRESENT: Reiber, C.J., Skoglund, Robinson, Eaton and Carroll,
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.
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,