State v. Davis
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The Supreme Court affirmed the order of the superior court denying Defendant's motion to correct an illegal sentence, holding that there was no error on the part of the trial justice in denying Defendant's motion to correct his sentence.
After a jury trial, Defendant was convicted of two counts of assault with a dangerous weapon in a dwelling house. As part of his sentence and as relevant to this appeal, Defendant received a ten-year nonparolable sentence enhancement as a habitual offender to be served consecutively to his first sentence. Defendant later filed a motion to correct an illegal sentence, arguing that his habitual offender sentence enhancement was illegal. The trial justice denied the motion. The Court of Appeals affirmed, holding that the trial justice correctly complied with the habitual offender statute.
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