State v. Robertson

740 A.2d 330, 1999 R.I. LEXIS 182, 1999 WL 1005189
CourtSupreme Court of Rhode Island
DecidedOctober 20, 1999
Docket96-186-M.P.
StatusPublished
Cited by22 cases

This text of 740 A.2d 330 (State v. Robertson) 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. Robertson, 740 A.2d 330, 1999 R.I. LEXIS 182, 1999 WL 1005189 (R.I. 1999).

Opinion

OPINION

LEDERBERG, Justice.

This case came before the Supreme Court on a petition for certiorari in which the defendant, Jesse Lee Robertson, sought review of a judgment of convictions for robbery in the second degree and for two assaults with intent to commit murder. 1 The defendant argued that the robbery conviction should be reversed because the state failed to demonstrate that force, a necessary element of robbery as defined in Rhode Island, was used in the crime. The defendant further challenged all three convictions by arguing that the trial justice had erroneously permitted certain questions to be asked of the defendant on cross-examination, over the objections of defense counsel. The defendant took the position that the questions were sufficiently prejudicial as to constitute reversible error. We disagree and affirm the convictions.

Facts and Procedural History

At around eight or nine on the evening of August 25, 1993, three friends, Americo Disirio (Disirio), Jason Pari (Pari), and Stanley Zab (Zab), were driving with the top down in a convertible in the city of Pawtucket, Rhode Island. After parking on the street in front of a pharmacy, Pari and Zab left the car and entered the pharmacy while Disirio, the driver, remained in the vehicle. Disirio was wearing two gold chains, one of which was a rope chain embellished with a medallion of the letter D. While Pari and Zab were inside the *332 pharmacy, Disirio was approached by a group of bicycle-riding teenagers, one of whom was defendant, Jesse Lee Robertson, (defendant).

After defendant and another teenager approached Disirio, defendant asked him some questions about the ear and his gold chains and whether he was a drug dealer. Disirio testified that these questions made him feel “nervous.” When Pari and Zab returned to the ear, Zab instructed Disirio to drive away from the store. As Disirio was pulling away, defendant reached into the car and ripped the two gold chains from Disirio’s neck. Zab immediately instructed Disirio to drive into the parking lot of a credit union across the street. In order to attempt to retrieve the chains from defendant, Zab exited the vehicle, followed by Pari, and approached defendant. The defendant and Zab exchanged blows, whereupon defendant pulled a knife from his pocket and stabbed Zab in the back. Pari saw the knife and approached the pair to protect Zab. Interposing himself between Zab and defendant, Pari was stabbed three times in his chest, side, and back. Pari and Zab returned to the car, and Disirio drove to the nearby home of a friend to call an ambulance and the police.

Although the Pawtucket police identified defendant as a suspect within a few days, it was not until February 8, 1994, that defendant’s photograph was obtained. Within the next two days, Disirio, Zab, and Pari viewed a photo array and identified defendant as the individual who had snatched Disirio’s gold chains and stabbed Zab and Pari. The defendant was subsequently arrested and charged with two counts of assault with intent to commit murder, pursuant to G.L.1956 § 11-5-1, and one count of robbery in the second degree, pursuant to G.L.1956 § 11-39-1, as amended by P.L.1991, ch. 201, § l. 2

After a jury trial in the Superior Court, a judgment of conviction was entered on November 3, 1995. The defendant received a ten-year sentence on each count, of which four years were suspended with the imposition of a four-year probationary term, to be served concurrently. Notice of appeal was not timely filed by defendant’s attorney within twenty days in accordance with Rule 4(b) of the Supreme Court Rules of Appellate Procedure, although defendant, acting pro se, did request a trial transcript. The defendant’s representation was assumed by the Office of the Public Defender, and a petition for a writ of certiorari was filed on April 9, 1996. The writ was issued on May 20, 1996.

Additional facts will be discussed as required in the legal analysis of the issues raised.

Element of Force

At the close of his case, defendant moved for a judgment of acquittal under Rule 29 of the Superior Court Rules of Criminal Procedure. In respect to the charge of robbery in the second degree, the basis for defendant’s motion was that the snatching of the necklace, absent evidence of other violence or threat, did not rise to the level of the force that is required to be proven as an element of the crime of robbery in Rhode Island. Thus, defendant has argued, because such force was not expended, the state’s proof fell short of the quantum of evidence legally required for conviction. The motion for judgment of acquittal was denied, and defendant has appealed.

When considering a motion for judgment of acquittal, a trial justice must view the evidence in the light most favorable to the state and draw therefrom all reasonable inferences consistent with that defendant’s guilt. State v. Snow, 670 A.2d 239, 243 (R.I.1996). Upon review of the *333 trial justice’s ruling by this Court, the same standard is applied. State v. Andrade, 657 A.2d 538, 542 (R.I.1995). The motion for judgment of acquittal may be granted only if the evidence viewed in such a light is insufficient to warrant a jury’s verdict of guilt beyond a reasonable doubt. Id. This Court will overturn the trial justice’s denial of the motion only if the evidence presented by the state is insufficient to warrant a verdict of guilt on a charge of robbery in the second degree.

It is fundamental that the state is required to present evidence of every element of the crime charged. State v. Robalewski 418 A.2d 817, 820 (R.I.1980). The statutory distinctions between the degrees of robbery and the punishment for each are set forth in § 11-39-1. The statute, however, does not define robbery. This Court has long held that the statute incorporates the common-law definition of robbery. State v. Innis, 433 A.2d 646, 649 (R.I.1981); State v. Reposa, 99 R.I. 147, 149, 206 A.2d 213, 215 (1965); State v. Domanski, 57 R.I. 500, 504, 190 A. 854, 857 (1937). Under common law, robbery “consists of the ‘felonious and forcible taking from the person of another of goods or money to any value by violence or putting him in fear.’ ” Reposa, 99 R.I. at 149, 206 A.2d at 215 (quoting 4 William Blackstone, Commentaries *241). A required element of robbery is that “the taking be accomplished by force, violence, or intimidation.” State v. Froais, 653 A.2d 735, 738 (R.I.1995). The issue in this case is whether the element of force has been satisfied when the state presented evidence that the taking of the necklace was accomplished by defendant’s snatching it from the neck of the victim.

This Court last addressed a similar question in State v. McCune, 5 R.I. 60 (1857).

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Bluebook (online)
740 A.2d 330, 1999 R.I. LEXIS 182, 1999 WL 1005189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-robertson-ri-1999.