State v. Emery

CLIFFORD, Justice.

The defendant, Larry Emery, appeals from a judgment of the Superior Court, Washington County, denying his motion for a reduction of sentence pursuant to M.R. Crim.P. 35(c). Emery contends that the Superior Court misapprehended his prospects for rehabilitation because of his failure to admit guilt at the sentencing hearing, and that that constituted a “mistake of fact” which justified a reduction of sentence under Rule 35(c). We conclude that Emery’s sentence was not influenced by a mistake of fact existing at the time of sentencing and affirm the judgment.

After a jury trial…