Supreme Court of Vermont October 26, 1990, 88-032 (State v. Baril)

Allen, C.J.

A jury convicted defendant of driving a motor vehicle under the influence of alcohol (DUI). The conviction was his second within five years. Accordingly, the trial court sentenced defendant as a second offender pursuant to 23 Y.S.A. § 1210(c). Defendant appeals his sentence and asks that the case be remanded for resentencing before a different judge. We affirm.