State v. Diefenderfer
Annotate this CaseDefendant Roy Diefenderfer was convicted of first-degree robbery, conspiracy to commit robbery, kidnapping, and assault of a person over sixty years of age. Defendant thereafter moved for a reduced sentence, arguing that his sentence be reduced because of, inter alia, his good behavior at the adult correctional institutions and the extreme hardship his family endured during his incarceration. The hearing justice - a different justice from the one who originally sentenced Defendant - denied the motion. The Supreme Court vacated the order of the superior court, holding that the hearing justice applied an incorrect standard in denying Defendant's sentence-reduction motion, as, specifically, the justice erroneously applied the appellate standard of review.
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