State v. Bouffard
Annotate this CaseGeorge Bouffard pled nolo contendere to breaking and entering associated for an incident occurring in 2000 and was adjudged a violator of his suspended and probationary sentences associated with two earlier cases, in 1991 and 1997. After Bouffard was released from incarceration, he faced another breaking-and-entering charge in 2006. The superior court determined that Bouffard violated his probation imposed in the 1997 and the 2000 case. Meanwhile, the State dismissed the underlying breaking-and-entering charge set forth in the 2006 case. Two days later, Bouffard filed a motion to correct what he alleged to be an illegal sentence imposed in the 1997 case. After a hearing, the hearing justice (1) deemed the challenged sentence as illegal or illegally imposed; but (2) restructured Bouffard's sentencing package to maintain the sentence levied for the 2006 violation. The Supreme Court affirmed, holding (1) the hearing justice appropriately modified the original sentence despite any dispute about its illegality or illegal imposition; and (2) Bouffard's modified sentence fit "both crime and criminal" as required by State v. Goncalves at the time of re-bundling given the state's ultimate dismissal of the underlying breaking-and-entering charge in the 2006 case.
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