State v. Ouimette

479 A.2d 702, 1984 R.I. LEXIS 532
CourtSupreme Court of Rhode Island
DecidedJune 19, 1984
Docket83-348-C.A.
StatusPublished
Cited by19 cases

This text of 479 A.2d 702 (State v. Ouimette) 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. Ouimette, 479 A.2d 702, 1984 R.I. LEXIS 532 (R.I. 1984).

Opinions

OPINION

SHEA, Justice.

The defendant, John F. Ouimette, was sentenced to forty-five years in prison with fifteen years suspended after a conviction for being an accessory before the fact in the commission of the so-called Bonded Vault robbery. This sentence, a reduction of the life sentence originally imposed, was imposed after the defendant had moved for reduction under Rule 35 of the Superior Court Rules of Criminal Procedure.1 The defendant appealed the imposition-of the reduced sentence and also rulings on his Rule 35 motion and on his motion to reconsider. We affirm.

[704]*704The facts surrounding defendant’s conviction are set forth in this court’s opinion upholding the conviction in State v. Byrnes, R.I., 433 A.2d 658 (1981). On August 12, 1981, defendant filed a motion in the Superior Court pursuant to Rule 35 for a reduction of the life sentence imposed by the trial justice subsequent to defendant’s conviction.2 A three-judge panel was appointed by the presiding justice of the Superior Court to hear and decide defendant’s motion.3- Hearings were held before the panel on June 30, 1982, November 3, 1982 and March 8, 1983. The panel entered an order granting defendant’s motion to reduce his life sentence and resentenced him to forty-five years with fifteen years suspended and fifteen years’ probation upon his release. The defendant then filed a motion for reconsideration, which was denied by the panel. The defendant has appealed the rulings on his motion for a reduction of sentence and motion for reconsideration.

The defendant raises five issues,4 the first three of which involve the appropriateness of the sentence imposed. The defendant also challenges the denial of his motion for reconsideration and the participation of Supreme Court Associate Justice Kelleher and Justice Murray in this appeal.

I

A

The defendant challenges, on three grounds, the sentence of forty-five years with fifteen years suspended. He claims, first, that it is unjustified and disparate from sentences generally imposed and therefore constitutes an abuse of discretion by the three-judge panel; second, that the sentence constitutes cruel'and unusual punishment in violation of the Eighth and Fourteenth Amendments to the Constitution of the United States; and third, that the sentence violates the requirement of proportionate sentencing in the Rhode Island Constitution, art. I, sec. 8.

Our review of the trial court’s decision on defendant's Rule 35 motion is governed by standards that are well settled and relatively simple. This court’s role in reviewing the sentence imposed is limited. There is a strong policy against interference with the discretion exercised by the trial court. We shall modify its determination or overturn it only when the sentence is manifestly excessive. A manifestly excessive sentence is a sentence disparate from sentences generally imposed for similar offenses when the heavy sentence imposed is without justification. State v. Upham, R.I., 439 A.2d 912, 913 (1982); State v. Crescenzo, 114 R.I. 242, 263, 332 A.2d 421, 433 (1975); State v. Fortes, 114 R.I. 161, 173, 330 A.2d 404, 411 (1975). The defendant has the burden of supporting his contention that the sentence imposed on him was violative of this standard. State v. Giorgi, 121 R.I. 280, 282, 397 A.2d 898, 900 (1979).

An accused convicted of aiding, assisting or abetting another to commit any crime [705]*705runs the risk of receiving a punishment similar in magnitude to that of the principal offender. General Laws 1956 (1981 Reenactment) § 11-1-3. The statutory penalty for the crime of robbery runs from a minimum of five years up to a maximum of life imprisonment. Section 11-39-1. It is within this range of penalties that the trial court must sentence defendant, who was convicted of aiding and abetting in the crime of robbery.

A committee appointed by Chief Justice Bevilacqua, composed of justices of the trial court and attorneys knowledgeable in criminal law, under the chairmanship of Justice Kelleher completed a study of sentences and proposed to the court a report on benchmarks for sentencing to “establish a set of consistent sentencing standards in Superior Court and reduce the potential for sentencing disparity.” Sentencing Study Committee, Rhode Island Supreme Court, Report of The Sentencing Study Committee, Appendix C (January 1981). The benchmarks were adopted by the Superior Court as policy, to serve as a guide to the trial court by offering a suggested range of sentences for a particular crime under various circumstances. The benchmark applicable in this case appears to be No. 15— armed robbery with accompanying acts of violence. An example of an “accompanying act of violence” listed in the notes to benchmark No. 15 is “restraining of a victim or bystander by tying up the person, etc.” Id. The record reveals that the robbery took place at gunpoint and that a number of people were locked in a room with pillowcases over their heads. In view of these facts, we conclude that benchmark No. 15 would have been the applicable guide to assist the trial court in sentencing defendant.

Under benchmark No. 15 the suggested sentence for this crime is “20 years (imprisonment) and up.” The sentencing report states that the benchmarks represent the suggested range of time to be served in jail for a defendant with no criminal history. Id. John Ouimette was sentenced to forty-five years with fifteen years suspended, resulting in a total of thirty years to be served in jail. This leads this court to conclude that the sentence imposed by the three-judge panel was not disparate and that therefore there would be no justification for this court to overturn or modify it on that ground.

Assuming for the purpose of argument only that the sentence was disparate from others imposed for the crime involved, we feel that it was imposed with some justification. There are several relevant considerations that the trial court may legitimately take into account in determining the appropriateness of a sentence to be imposed. The trial justice may consider the severity of the crime, the possibility of rehabilitation, the deterrence to others, and the appropriateness of the punishment for the crime involved. State v. Upham, R.I., 439 A.2d at 913. Further, there is nothing improper in the trial justice’s taking into account the fact that the theft involved a very substantial sum of money. State v. Crescenzo, 114 R.I. at 264, 332 A.2d at 433. Since deterrence is one of the legitimate considerations any sentencing judge should consider, the amount stolen might well have an impact on the kind of sentence that would serve to deter others.

The magnitude of the bonded vault robbery is well known. The following short passage from this court’s decision in State v. Byrnes, R.I., 433 A.2d at 661, emphasizes this point:

“On the morning of August 14, 1975, nine masked men entered the Bonded Vault Co., * * * a commercial safe-deposit company located in Providence.

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State v. Ouimette
479 A.2d 702 (Supreme Court of Rhode Island, 1984)

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479 A.2d 702, 1984 R.I. LEXIS 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ouimette-ri-1984.