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State v. Dove3/24/1995
etermining a sentence on a careless and negligent driving charge. 13 V.S.A. § 7030 (court shall consider nature and circumstances of crime). Defendant argues, however, that because the court considered his frequent and continued failure in alcohol and drug rehabilitation programs, the court sentenced him for his status as a drug addict. Defendant had a criminal history spanning two decades and four states. The record indicates that most if not all of defendant's participation in rehabilitation programs was mandated as a condition of either probation or parole. Defendant regularly violated these conditions, and past violations of probation and parole are proper considerations in determining a sentence. Id. (court shall consider history and character of defendant); see also State v. Allen, 145 Vt. 593, 598, 496 A.2d 168, 171 (1985) (finding that probation could not help offender with severe alcohol problem was effectively a practical finding that offender is in need of correctional treatment best provided by incarceration).
Affirmed.
FOR THE COURT:
James L. Morse
Associate Justice
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