State v. Violette

McKUSICK, Chief Justice.

At issue in this case is whether a new sentence imposed following a successful appeal of a criminal conviction and recon-viction after a new trial may, in the absence of any misconduct on the part of the defendant following his first sentencing, be more severe than the original sentence. In the specific circumstances of this case and consistently with our prior rulings in State v. Weeks, 267 A.2d 641 (Me.1970), State v. Palmer, 468 A.2d 985 (Me.1983), and State v. Keefe, 573 A.2d 20 (Me.1990), we answer that question in the negative.

In February 1988 defendant James E.…