Legal Opinion
State v. DeCiantis
Supreme Court of Rhode Island
Decided January 16, 2003No. 2001-149-M.PPublishedCited by 17 opinions
1Opinion of the Court
OPINION
FLANDERS, Justice.
The distinction between an illegal sentence and one that was illegally imposed lies at the heart of this case. Under Rule 35(a) of the Superior Court Rules of Criminal Procedure:
“The court may correct an illegal sentence at any time. The court may correct a sentence imposed in an illegal manner * * * within one hundred twenty (120) days after the sentence is imposed, or within one hundred twenty (120) days after receipt by the court of a mandate of the Supreme Court of Rhode Island issued upon affirmance of the judgment or dismissal of the appeal * * * »
Petitioning…
2Cases cited17 opinions
- Hill v. United StatesSupreme Court of the United States · 1962
- Green v. United StatesSupreme Court of the United States · 1961
- Matter of Falstaff Brewing Corp.Supreme Court of Rhode Island · 1994
- State v. BrownSupreme Court of Rhode Island · 1987
- State v. NicolettiSupreme Court of Rhode Island · 1984
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Mattatall v. StateSupreme Court of Rhode Island · 2008
- Mosby v. DevineSupreme Court of Rhode Island · 2004
- Kyle Campbell v. State of Rhode IslandSupreme Court of Rhode Island · 2012
- Gonder v. StateSupreme Court of Rhode Island · 2007
- Taylor v. WallSupreme Court of Rhode Island · 2003
12 more not listed; retrieve them via the Exa API.