State v. Briggs
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The Supreme Court affirmed the decision and judgment of the superior court denying Defendant's motion to correct an illegal sentence pursuant to Rule 35(a) of the Superior Court Rules of Criminal Procedure, holding that Defendant waived his argument on appeal.
Defendant pled guilty to several counts related to a gang-related shooting, including first-degree murder, weapons charges, assault, and conspiracy. The trial justice sentenced Defendant to a mandatory term of life imprisonment for first-degree murder, fifty years' imprisonment for offenses ancillary to the shooting, and an additional consecutive ten-year term of imprisonment pursuant to the criminal street gang enhancement statute. Defendant later filed a motion to correct his sentence, asserting that the State had failed to timely notify him of its intention to pursue the criminal street gang sentencing enhancement. The trial justice denied the motion, concluding that Defendant had expressly waived his right to timely notice as part of his agreement with the State. The Supreme Court affirmed, holding that Defendant's waiver of notice under the criminal street gang enhancement statute was valid, and therefore, Defendant's motion to correct sentence was properly denied.
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