Lemay v. State, Department of Correction

OPINION

in which DROWOTA, BIRCH, HOLDER, and BARKER, JJ., ■ joined.

We granted this appeal to determine whether the Governor has the authority to revoke a conditional commutation during the term of the commuted sentence only, or whether the commutation may be revoked during the term of the original sentence. We conclude that the Governor has the authority to revoke a conditional commutation during the term of the original sentence. We therefore hold that the Governor’s revocation of the prisoner’s commutation after the expiration of the com-mutated sentence but before the expiration of the…