State v. Garcia

Supreme Court of Rhode Island

State v. Garcia

606 A.2d 1325, 1992 WL 109994

CourtSupreme Court of Rhode Island

DecidedMay 14, 1992

DocketNo. 91-472-C.A.

StatusPublished

This text of 606 A.2d 1325 (State v. Garcia) 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

State v. Garcia, 606 A.2d 1325, 1992 WL 109994 (R.I. 1992).

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Opinion

[1326]*1326ORDER

This case came before this court on May 6, 1992, pursuant to an order directing the defendant to appear and show cause why this appeal should not be summarily denied.

The defendant’s appeal claims that the trial justice erred in denying defendant’s motion to suppress a pretrial identification and any possible in-court identification of him. However, we believe that the testimony of the officers properly fell within the “excited utterance” exception under Rule 803(2) and the exception under Rule 803(24) of the Rhode Island Rules of Evidence.

Hence, after hearing the arguments of counsel and examining the memoranda filed, we are of the opinion that cause has not been shown.

Consequently, the defendant’s appeal is denied and dismissed and the judgment of the Superior Court is affirmed.

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[1326]*1326ORDER

This case came before this court on May 6, 1992, pursuant to an order directing the defendant to appear and show cause why this appeal should not be summarily denied.

The defendant’s appeal claims that the trial justice erred in denying defendant’s motion to suppress a pretrial identification and any possible in-court identification of him. However, we believe that the testimony of the officers properly fell within the “excited utterance” exception under Rule 803(2) and the exception under Rule 803(24) of the Rhode Island Rules of Evidence.

Hence, after hearing the arguments of counsel and examining the memoranda filed, we are of the opinion that cause has not been shown.

Consequently, the defendant’s appeal is denied and dismissed and the judgment of the Superior Court is affirmed.

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Bluebook (online)

606 A.2d 1325, 1992 WL 109994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-garcia-ri-1992.