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STATE v. EMERY

534 A.2d 1317 (1987)

STATE of Maine v. Larry EMERY.

Supreme Judicial Court of Maine.

Decided December 24, 1987.

Attorney(s) appearing for the Case

Michael E. Povich, Dist. Atty., Jane M. Eaton (orally), Asst. Dist. Atty., Machias, for plaintiff.

Sandra Hylander Collier (orally), Silsby & Silsby, Ellsworth, for defendant.

Before McKUSICK, C.J., and NICHOLS, WATHEN, GLASSMAN, SCOLNIK and CLIFFORD, JJ.

CLIFFORD, Justice.

The defendant, Larry Emery, appeals from a judgment of the Superior Court, Washington County, denying his motion for a reduction of sentence pursuant to M.R. Crim.P. 35(c). Emery contends that the Superior Court misapprehended his prospects for rehabilitation because of his failure to admit guilt at the sentencing hearing, and that that constituted a "mistake of fact" which justified a reduction of sentence under Rule 35(c). We conclude that Emery...

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