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STATE v. MACARELLI

No. 76-445 M.P.

375 A.2d 944 (1977)

STATE v. Salvatore MACARELLI.

Supreme Court of Rhode Island.

July 27, 1977.

Attorney(s) appearing for the Case

Julius C. Michaelson, Atty. Gen., Nancy Marks Rahmes, Special Asst. Atty. Gen., for State.

Barbara Hurst, Public Defender, John A. Macfadyen, Asst. Public Defender, for defendant-petitioner.

OPINION

KELLEHER, Justice.

The instant case raises a novel issue in this jurisdiction: Does an ameliorative statute passed during the pendency of a defendant's appeal necessitate a reduction in the defendant's sentence in conformity therewith?

The defendant (Macarelli) and three others were found guilty by a Superior Court jury of conspiring to corrupt various and sundry horse trainers at the Lincoln Downs Racetrack. The trial justice imposed a 5year...

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