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State v. Tardiff

Supreme Judicial Court of Maine
Dec 22, 1977
380 A.2d 609 (Me. 1977)

Opinion

December 22, 1977.

Appeal from the Superior Court, Kennebec County.

Joseph M. Jabar, Dist. Atty., Paul D. Mathews (orally), Asst. Dist. Atty., Augusta, for plaintiff.

Pierce, Atwood, Scribner, Allen, Smith Lancaster by Joseph M. Kozak (orally), Malcolm L. Lyons, Augusta, for defendant.

Before WERNICK, ARCHIBALD, GODFREY and NICHOLS, JJ.


MEMORANDUM OF DECISION

This matter came up on appeal by the Defendant who, after he pleaded guilty to two indictments for burglary of dwelling places, received sentences of five years to be served concurrently.

The Defendant asserts that the sentences thus imposed upon him for these Class B offenses were so grossly disproportionate under the circumstances of the case as to violate the constitutional prohibitions of cruel and unusual punishment.

The sentences imposed were well within the statutory limits, and there appears to be no infirmity therein. State v. Heald, Me., 307 A.2d 188, 192 (1973).

The entry is:

Appeal denied.

Judgment affirmed.

McKUSICK, C.J., and POMEROY and DELAHANTY, JJ., did not sit.

WERNICK, ARCHIBALD, GODFREY and NICHOLS, JJ., concur.


Summaries of

State v. Tardiff

Supreme Judicial Court of Maine
Dec 22, 1977
380 A.2d 609 (Me. 1977)
Case details for

State v. Tardiff

Case Details

Full title:STATE of Maine v. David E. TARDIFF

Court:Supreme Judicial Court of Maine

Date published: Dec 22, 1977

Citations

380 A.2d 609 (Me. 1977)