State v. Tevin Briggs

Syllabus

The defendant, Tevin Briggs, appealed from a decision and judgment of the Superior Court denying his motion to correct an illegal sentence pursuant to Rule 35(a) of the Superior Court Rules of Criminal Procedure. On appeal, the defendant argued that his sentence was illegal and must be vacated because the state did not provide him with proper notice as required by G.L. 1956 § 12-19-39, the criminal street gang enhancement statute. The Supreme Court concluded that the defendant voluntarily, knowingly, and intelligently waived his statutory right to timely notice under the criminal street gang enhancement statute. Thus, the Supreme Court held that the trial justice did not err in denying the defendant's motion to correct sentence and was entitled to sentence the defendant to an additional consecutive ten-year term of imprisonment pursuant to the criminal street gang enhancement statute. The Supreme Court affirmed the decision and judgment of the Superior Court.