In Re Randy B.

486 A.2d 1071, 1985 R.I. LEXIS 426
CourtSupreme Court of Rhode Island
DecidedJanuary 22, 1985
Docket83-579-Appeal
StatusPublished
Cited by12 cases

This text of 486 A.2d 1071 (In Re Randy B.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Randy B., 486 A.2d 1071, 1985 R.I. LEXIS 426 (R.I. 1985).

Opinion

OPINION

WEISBERGER, Justice.

This case comes before us on appeal from an adjudication of delinquency entered in the Family Court. In this appeal we have been asked to review (1) whether the trial justice erred in determining that the juvenile was delinquent and (2) whether the trial justice’s order of restitution violated the provisions of G.L.1956 (1981 Reenactment) §§ 14-1-32, as amended by P.L. 1983, ch. 251, § 1, and 14-1-32.1, as amended by P.L.1982, ch. 220, § 1. We hold that the Family Court justice committed no error in this case in his finding of delinquen *1072 cy or in the manner of imposing sanctions in respect to this juvenile, including the order of restitution.

The facts of this case arose out of a petition brought by the Pawtucket police department against Randy B. (Randy), who was then sixteen years old. The petition alleged that during March and April of 1983, Randy obtained $22,730 by false pretenses from Miss K. Doe 1 (Doe), aged eighty-six, in violation of G.L.1956 (1981 Reenactment) § 11-41-4.

At trial Doe testified that some time during the middle part of March 1983, she engaged Randy to do some minor repairs in her home. In order to pay for the patching of ceiling holes in her kitchen and laundry room and for the installation of a clapboard to the back of her house, she drew a total of eight checks, which she made out to herself and later cashed, to pay Randy. The checks ranged in amounts of $500 to $3,100 and were dated between March 17 and April 7 of 1983. 2

On one occasion, Randy accompanied Doe to the bank while Doe attempted to cash a check for $3,000, the proceeds of which would be paid over to Randy for “materials.” A teller at the bank, suspecting something amiss, thereafter ascertained that Doe had recently drawn and cashed a number of large checks. After conferring with her supervisor, the teller returned to Doe and stated that if such a large amount of cash was needed, a cashier’s check would have to be drawn. (The teller later testified that she thought it advisable to record such a significant monetary transaction.) At this point, Randy was summoned to join Doe and the teller. A cashier’s check was then made out to Randy. In order for him to cash that instrument, the teller required that Randy endorse the cashier’s check and produce his driver’s license. The teller subsequently wrote Randy’s license number on the check and thereafter handed him an envelope containing the cash proceeds of the check.

After being called to the stand, Randy denied ever having entered into any agreement with Doe for repairs to her home. He did admit, however, that he accompanied her to the bank, and he stated that while waiting for Doe, he was called over to sign some piece of paper. He stated further that he was unsure of what he was signing but also temporarily handed over his driver’s license to the teller. In return, he was given a sealed envelope that he claims he later turned over to Doe upon arrival back at Doe’s home.

After hearing the testimony of all the witnesses, the Family Court justice concluded that Randy had defrauded Doe of the proceeds of the eight checks that had all been drawn within a short time span. These checks amounted to thousands of dollars and were entirely out of proportion to the value of the few minor repairs made to Doe’s home. While noting that Doe seemed confused at times during her testimony, the trial justice found that Doe nevertheless was lucid enough to understand the events that had occurred and could positively identify Randy as the person to whom she had turned over the cash from the large amounts she had drawn from the bank.

The linchpin of the testimony, according to the Family Court justice, however, was the identification of Randy by both the bank teller and her supervisor as the youth to whom the cashier’s check had been issued. When coupled with the tangible evidence of that cashier’s check drawn to, and endorsed by, Randy for $3,000, the trial justice concluded that both circumstantial and direct evidence pointed to Randy’s fraudulent receipt of the money in question. Accordingly, the Family Court justice entered a finding of delinquency and ordered the probation department to prepare a background report that would be used in assisting the court in ordering disposition.

*1073 At a disposition hearing some four weeks later, the Family Court justice reiterated his findings and committed Randy until age twenty-one to the custody of the director of the Rhode Island Training School for Youth. Additionally, a recalculation of restitution was made, 3 and thereafter Randy was ordered to pay back $18,185 out of any assets owned by him and out of earnings derived from his work at the school. Near the end of the hearing, Randy’s attorney asked whether Randy could be released sooner if restitution could be made right away. The trial justice replied that he would consider this request. During the following weeks, several motions were filed pursuant to which two more hearings were held. The hearings involved efforts on the part of Randy’s parents to obtain the necessary restitution money to secure the release of their son. Deposit of the funds ordered for restitution was then made into the Registry of Court to be held pending appeal of this case to this court; in the interim, Randy was placed on probation.

In reviewing the conduct of the Family Court justice, we note at the outset that we do not agree with the arguments of Randy’s attorney that the Family Court justice committed error in finding Randy delinquent. This court has consistently held that the findings of fact made by a trial justice sitting without a jury will be accorded great weight. Moreover, such findings will not be disturbed on appeal unless it is shown that the trial justice misconceived or overlooked relevant evidence or was otherwise clearly wrong. Proffitt v. Ricci, R.I., 463 A.2d 514, 517 (1983) (see citations collected therein); In re Susan, 122 R.I. 677, 682-83, 411 A.2d 296, 299 (1980). The same reasoning applies with equal force to inferences drawn by a trial justice sitting as a trier of fact. Walton v. Baird, R.I., 433 A.2d 963, 964 (1981); Lisi v. Marra, R.I., 424 A.2d 1052, 1055 (1981); Tanzi v. Fiberglass Swimming Pools, Inc., R.I., 414 A.2d 484, 487 (1980).

In the instant case, the trial justice drew inferences of guilt from the fact that Randy was identified by Doe as the person to whom eight checks on as many occasions representing thousands of dollars had been paid over in exchange for minor house repairs. Randy was further identified by a bank teller and her supervisor as the individual to whom a $3,000 cashier’s check had been drawn after the check had first been purchased by Doe.

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Bluebook (online)
486 A.2d 1071, 1985 R.I. LEXIS 426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-randy-b-ri-1985.