Supreme Court of Rhode Island
State v. George Bouffard
January 17, 20122012 R.I. LEXIS 7
Summary
The Rhode Island Supreme Court affirmed the Superior Court’s order, holding that a hearing justice may re‑bundle a sentencing package under Rule 35 even when not the original sentencing magistrate, and that the re‑bundled seven‑year sentence was proper despite the dismissal of the underlying charge. The Court reasoned that the re‑bundling must preserve the original sentencing intent and that the appropriate standard of review is de novo for the legal questions presented.