State v. Lewis

Today a majority of this Court concludes that Rule 35(b) authorizes a Superior Court judge to reduce the sentence of a person convicted in 1991 long after that person served that sentence and more than eight years after Rule 35(b)’s 90 day limit for filing a Motion for Reduction of Sentence had expired. The majority so concludes simply because “collateral consequences” that were inchoate until nine years after sentencing “attachfed] to the sentence.” I am unable to agree with the majority’s conclusion and, therefore, must respectfully dissent.

The majority concludes that the sentencing judge…