ENTRY ORDER

SUPREME COURT DOCKET NO. 2003-057

FEBRUARY TERM, 2003

 

State of Vermont

v.

Christopher Johnson

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APPEALED FROM:

District Court of Vermont Unit No. 2, Rutland Circuit


DOCKET NO. 182-2-03 Rdcr


 

In the above-entitled cause, the Clerk will enter:

Defendant Christopher Johnson appeals the order of the Rutland District Court setting bail at $5000 on the grounds that the court erroneously relied upon defendant' s juvenile delinquency history in establishing bail and conditions of release, in violation of 33 V.S.A. § 5536. Following State v. Madison, 163 Vt. 390, 395 (1995), which held that juvenile records may be considered by a district court if necessary to carry out the judicial function under 13 V.S.A. § 7553a (denial of release on bail for acts of violence), defendant' s appeal is rejected. See also In re R.D., 154 Vt. 173, 176 (1990) (juvenile records available to district court for relevant purposes).

FOR THE COURT:

 

_______________________________________

John A. Dooley, Associate Justice