State v. Tiernan

OPINION

WEISBERGER, Acting Chief Justice.

This case comes before us on appeal by the defendant, David M. Tiernan, Jr. (defendant), from the trial justice’s denial of his motion pursuant to Rule 35 of the Superior Court Rules of Criminal Procedure to reduce his sentence. We deny his appeal and affirm the order entered by the trial justice.

The precise issue we confront in this appeal is the question of whether the trial justice improperly considered either defendant’s exercise of his privilege against self-incrimination under the Fifth Amendment to the United States Constitution or his exercise…