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152 Vt. 645

State v. Smith

Supreme Court of Vermont

Decided October 17, 1989

Supreme Court of Vermont · decided 1989-10-17

Relies on United States v. Mollica · Bay Front Real Estate Company v. City of Newport · Chapman v. Town of Barnard

Decided 1989-10-17

¶1Defendant was convicted of attempted sexual assault and appealed to this Court. We are now advised that defendant has died.

¶2The motion of defendant’s attorney to dismiss the appeal and remand the case to the district court with directions to vacate the conviction and dismiss the information is granted, there being no cognizable collateral consequences. See United States v. Mollica, 849 F.2d 723, 725-76 (2d Cir. 1988); State v. McGuire, 144 Vt. 648, 475 A.2d 241 (1984) (mem.).

Peck, J., dissenting.
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