State v. Linde

AMENDED OPINION

Justice GOLDBERG,

for the Court.

This case represents the sixth appellate attack on the constitutional underpinnings of the state’s anti-gun-violence statute, G.L. 1956 § 11-47-3.2. 1 We decline to reach the merits of the issues before us because, in our judgment, this constitutional challenge is not cognizable in the context of a motion to correct an illegal sentence under Rule 35 of the Superior Court Rules of Criminal Procedure.

This case came before the Supreme Court on December 8, 2008, on an appeal by the defendant, Eddie M. Linde (Linde or defendant), from a Superior Court…