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STATE v. DECIANTIS

No. 2001-149-M.P.

813 A.2d 986 (2003)

STATE v. Anthony DeCIANTIS.

Supreme Court of Rhode Island.

January 16, 2003.

Attorney(s) appearing for the Case

Aaron L. Weisman, Providence, for Plaintiff.

Marie T. Roebuck, Providence, for Defendant.

Present WILLIAMS, C.J., LEDERBERG, BOURCIER, FLANDERS, and GOLDBERG, JJ.

OPINION

FLANDERS, Justice.

The distinction between an illegal sentence and one that was illegally imposed lies at the heart of this case. Under Rule 35(a) of the Superior Court Rules of Criminal Procedure:

"The court may correct an illegal sentence at any time. The court may correct a sentence imposed in an illegal manner * * * within one hundred twenty (120) days after the sentence is imposed, or within one hundred twenty (120) days after receipt...

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