State v. Anderson
This text of 961 A.2d 321 (State v. Anderson) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
This criminal appeal was scheduled for oral argument on November 3, 2008. The State however has filed a confession of error acknowledging that the Superior Court justice in this case erred in failing to provide the defendant with the required hearing before ruling on his Super. R.Crim. P. 35 motion to vacate an allegedly illegal sentence. After reviewing the record on appeal, we conclude that the confession of error should be accepted. Accordingly, the defendant’s appeal is sustained; the Superior Court order denying defendant’s Rule 35 motion is vacated; and the papers in the case are ordered remanded to the Superior Court for further proceedings, which shall include a hearing on defendant’s Rule 35 motion.
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Cite This Page — Counsel Stack
961 A.2d 321, 2008 WL 5197408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-anderson-ri-2008.