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633 A.2d 1355

State v. Mullen

Supreme Court of Rhode Island

Decided October 14, 1993

Supreme Court of Rhode Island · decided 1993-10-14

Relies on State v. Skirvin

Decided 1993-10-14

¶1ORDER

¶2This matter came before this court on October 8, 1993, pursuant to an order requiring the parties to appear and show cause why the defendant's appeal should not be summarily denied and dismissed.

¶3The defendant appeals from the denial of his Superior Court motion for credit for time served. The defendant was serving time, not awaiting trial during the period in question, and therefore is not entitled, as a matter of right, to credit for time served on the violation. State v. Skirvin, 113 R.I. 443, 322 A.2d 297 (1974). After hearing the arguments of counsel and reviewing the memoranda submitted by the parties, it is the conclusion of this court that cause has not been shown.

¶4The ruling of the trial justice is affirmed, and the appeal is denied and dismissed.

FAY, C.J., did not participate.
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