State v. Fortes

This appeal raises the question of whether this court has jurisdiction to review a sentence imposed by a justice of the Superior Court when it is alleged that the sentence is excessive although within the statutory limits. The question is one of first impression in this state.

The question presented arises in the context of the following facts. On April 8, 1968, the Grand Jury returned an indictment charging defendant with possession of marijuana in violation of G. L. 1956 (1968 Reenactment) §21-28-31, as amended. On April 23, 1968, he pleaded nolo contendere and was placed in unconditional…