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STATE v. VIOLETTE

576 A.2d 1359 (1990)

STATE of Maine v. James E. VIOLETTE.

Supreme Judicial Court of Maine.

Decided July 11, 1990.

Attorney(s) appearing for the Case

Mary Tousignant, Dist. Atty., Anne Jordan (orally), Deputy Dist. Atty., Alfred, for plaintiff.

Thomas Van Houten (orally), Wood & Van Houten, Sanford, for defendant.

Susan Parcels, Portland, amicus curiae for Maine Civil Liberties Union.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD and COLLINS, JJ.

McKUSICK, Chief Justice.

At issue in this case is whether a new sentence imposed following a successful appeal of a criminal conviction and reconviction after a new trial may, in the absence of any misconduct on the part of the defendant following his first sentencing, be more severe than the original sentence. In the specific circumstances of this case and consistently with our prior rulings in State v. Weeks, 267 A.2d 641

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