Supreme Judicial Court of Maine

State of Maine v. Richard J. Murray-Burns

March 9, 2023290 A.3d 542

Summary

The court held that a discretionary sentence appeal may include a challenge to the facial legality of a sentence, in addition to a challenge to its propriety. Because the trial court imposed consecutive sentences without making the findings, stating the reasons, or conducting the required count-specific analysis, the court vacated the sentences and remanded for resentencing subject to the statutory limitation that the new sentence not be more severe. The court declined to define “more severe” because that issue was not ripe.