Case Summary

State v. Travis Smith — Vermont Supreme Court affirmed denial of sentence-reduction motion, holding that Rule 35 motions cannot challenge underlying convictions

By /
Case
State of Vermont v. Travis Smith
Court
Vermont Supreme Court
Date Decided
June 12, 2026
Docket No.
25-AP-041
Topics
Criminal procedure; sentencing; Rule 35 motions; constitutional proportionality

Background

In February 2023, Travis Smith was convicted of felony lewd and lascivious conduct following a trial in Windham County. The victim, an 18-year-old guest at the home of Smith’s girlfriend, was sexually assaulted while sleeping. The friend first observed Smith’s hand inside the victim’s shirt touching her breast. Later, the victim awoke to find Smith standing over her, masturbating, with his hand on his exposed penis and his other hand on her vagina for approximately five seconds. Days later, when the friend confronted Smith, he admitted to the acts and apologized to the victim. The jury convicted Smith of felony lewd and lascivious conduct rather than the lesser-included misdemeanor offense of lewdness. In October 2023, the trial court sentenced him to two-to-four years imprisonment (all suspended except for ninety days to serve) plus five years of probation.

Smith filed a Rule 35 motion challenging his sentence on two grounds. First, under Rule 35(a), he argued his sentence was unconstitutionally disproportionate because his conduct constituted only “misdemeanor-level” behavior, violating Vermont’s constitutional requirement that sentences be proportionate to offenses. Second, under Rule 35(b), he sought sentence reduction based on the “misdemeanor-level” nature of his conduct and other mitigating factors, including his lack of prior criminal history, low recidivism risk, and amenability to treatment. The trial court denied both requests, explaining that Rule 35(a) was not the proper avenue for challenging the constitutionality of the underlying statute and conviction, and that it had already considered relevant mitigating factors at the original sentencing hearing.

The Court’s Holding

The Vermont Supreme Court affirmed the trial court’s denial of Smith’s motion. On the Rule 35(a) challenge, the court held that although Smith framed his argument as a sentencing issue, he was fundamentally attacking his underlying conviction rather than the legality of his sentence. Rule 35(a) permits correction only of “illegal sentences”—those not authorized by statute. Because Smith’s sentence of two-to-four years fell squarely within the statutory maximum of five years authorized for felony lewd and lascivious conduct under 13 V.S.A. § 2601, it was not “illegal” within the meaning of the rule. The court reasoned that allowing Rule 35 motions to challenge convictions would improperly expand the rule’s narrow function, which is limited to correcting sentences, not re-examining trial errors or conviction-level issues.

Regarding the Rule 35(b) motion for sentence reconsideration, the court held that the trial court acted within its discretion in denying the motion. Because the sentencing hearing occurred months after trial, the original sentence was not imposed under “heat of trial pressures.” The trial court had properly characterized Smith’s conduct as “egregious and harmful” and “predatory sexual behavior” that traumatized the victim, and it had considered mitigating factors including Smith’s stable circumstances and lack of criminal record. The court noted that trial courts need not address every mitigating factor when ruling on sentence reconsideration motions and are not required to reconsider proportionality arguments that essentially challenge the underlying conviction.

Key Takeaways

  • Rule 35(a) motions cannot be used to collaterally attack underlying convictions; they are limited to correcting sentences not authorized by statute.
  • A sentence within the statutory range is not “illegal” under Rule 35(a) merely because a defendant argues the underlying statute is unconstitutional.
  • Arguments that a defendant’s conduct supports only a misdemeanor conviction constitute attacks on the conviction, not the sentence, and cannot be pursued through Rule 35 motions.
  • Trial courts have broad discretion in sentence reconsideration proceedings under Rule 35(b) and need not address every mitigating factor or reconsider conviction-level arguments.
  • Constitutional proportionality challenges to sentences must be pursued through post-conviction relief procedures, not through Rule 35 motions.

Why It Matters

This decision establishes a critical procedural boundary in Vermont criminal practice, clarifying that Rule 35 motions serve a narrow function limited to correcting sentences that exceed statutory authorization or are imposed in an illegal manner. By rejecting Smith’s attempt to use sentencing reconsideration as a vehicle to challenge his conviction, the court reinforced that defendants cannot bootstrap conviction-level arguments into Rule 35 proceedings. This procedural gatekeeping is significant because it channels constitutional challenges to convictions through appropriate post-conviction mechanisms rather than allowing them to be litigated under the guise of sentencing issues.

The decision also reflects Vermont courts’ adherence to federal interpretations of similar sentencing rules, emphasizing that proportionality concerns—while potentially cognizable through other remedies—cannot be addressed through Rule 35. For defendants facing sex offense convictions, the decision signals that arguments premised on the overlap between felony and misdemeanor statutes must be raised through direct appeal or post-conviction relief, not through post-sentencing motions. The court’s deference to the trial court’s characterization of Smith’s predatory conduct and its conclusion that the sentence was appropriate sent a strong message that even sentences at the lower end of authorized ranges will not be reduced absent extraordinary circumstances or newly discovered information.

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