State v. Paiva

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The Supreme Court affirmed the order of the superior court denying Defendant’s motion to correct his sentence, holding that there was no error on the part of the hearing justice in denying Defendant’s motion to correct his sentence.Defendant pled nolo contendere to domestic murder in the first degree and agreed to habitual offender status in exchange for the dismissal of other counts against him. Defendant was sentenced to life on the domestic murder count and to ten to fifteen years as a habitual offender. On appeal, Defendant argued that his plea agreement was illegal because, as to his habitual offender sentence, the sentencing justice did not set a particular date when Defendant would be eligible for parole. The Supreme Court denied relief, holding that the hearing justice did not err in denying Defendant’s motion to correct his sentence because the statutory language does not require that a sentencing justice set a particular date when a defendant will be eligible for parole. View "State v. Paiva" on Justia Law