State v. Andrew McLean

Syllabus

The defendant, Andrew McLean, appealed from a Superior Court order that denied his motion to reduce his sentence pursuant to Rule 35 of the Superior Court Rules of Criminal Procedure. On appeal, the defendant contended that the trial justice erred by failing to recuse himself from ruling on the defendant's Rule 35 motion and also by denying the Rule 35 motion itself. The Supreme Court reviewed the record and the arguments of the parties and concluded that the trial justice did not err in not recusing himself from hearing the defendant's Rule 35 motion or in denying that motion itself. Accordingly, the Court affirmed the order of the Superior Court.