State v. Pires

OPINION

This matter is before the Supreme Court pursuant to an order issued to the state and to the defendant to appear and show cause why the issues raised in the appeal should not be summarily decided. After examining the memoranda submitted by the parties and listening to their oral arguments, the court concludes that the sentence imposed must be vacated and the case remanded to the Superior Court.

In September 1983 defendant, Alceu Pires, entered a store at night through a previously broken window and took two packages of cigarettes. He was arrested, convicted, and sentenced to two years’…