State v. Ciresi

Defendant was convicted of several criminal counts, including burglary and conspiracy to commit burglary. The aggregate sentences for all of Defendant’s convictions totaled thirty-five years. Defendant subsequently moved to reduce his sentence pursuant to Rule 35 of the Superior Court Rules of Criminal Procedure, arguing, inter alia, that he accepted responsibility for his actions and that his sentence violated the Eighth Amendment. The hearing justice denied Defendant’s motion to reduce sentence. On appeal, Defendant argued that his violated the Sixth Amendment and the Eighth Amendment. The Supreme Court affirmed, holding (1) the hearing justice was within his discretion to confirm Defendant’s punishment; (2) Defendant’s constitutional challenges were not cognizable in the context of a motion to correct an illegal sentence under Rule 35; and (3) even if Defendant could raise constitutional challenges under Rule 35, his arguments lacked merit. View "State v. Ciresi" on Justia Law