State v. Stewart

Supreme Court of Rhode Island

State v. Stewart

641 A.2d 1327, 1994 R.I. LEXIS 128, 1994 WL 164804

CourtSupreme Court of Rhode Island

DecidedApril 14, 1994

DocketNo. 93-610-Appeal

StatusPublished

This text of 641 A.2d 1327 (State v. Stewart) 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. Stewart, 641 A.2d 1327, 1994 R.I. LEXIS 128, 1994 WL 164804 (R.I. 1994).

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Opinion

ORDER

This case came before the court for oral argument April 5, 1994 pursuant to an order that had directed both parties to appear and show cause why the issues raised by this appeal should not be summarily decided.

The defendant was presented before a justice of the Superior Court as a violator of two suspended sentences that had been imposed July 21, 1993. The bases of the charge of violation were two counts of robbery.

Following the presentation of evidence, the Superior Court justice found the defendant to be a violator and removed suspensions from a three-year and a one-year sentence.

After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown. A review of the record clearly indicates that the testimony strongly supports the finding that the defendant robbed Brad LaChapelle and Daniel Ramirez at gunpoint on September 6,1993. Certainly the record in this case would preclude any determination that the trial justice had acted arbitrarily or capriciously. See State v. Studman, 121 R.I. 766, 402 A.2d 1185 (1979).

Consequently, the defendant’s appeal is denied and dismissed. The judgment of violation by the trial justice is hereby affirmed.

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ORDER

This case came before the court for oral argument April 5, 1994 pursuant to an order that had directed both parties to appear and show cause why the issues raised by this appeal should not be summarily decided.

The defendant was presented before a justice of the Superior Court as a violator of two suspended sentences that had been imposed July 21, 1993. The bases of the charge of violation were two counts of robbery.

Following the presentation of evidence, the Superior Court justice found the defendant to be a violator and removed suspensions from a three-year and a one-year sentence.

After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown. A review of the record clearly indicates that the testimony strongly supports the finding that the defendant robbed Brad LaChapelle and Daniel Ramirez at gunpoint on September 6,1993. Certainly the record in this case would preclude any determination that the trial justice had acted arbitrarily or capriciously. See State v. Studman, 121 R.I. 766, 402 A.2d 1185 (1979).

Consequently, the defendant’s appeal is denied and dismissed. The judgment of violation by the trial justice is hereby affirmed.

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Bluebook (online)

641 A.2d 1327, 1994 R.I. LEXIS 128, 1994 WL 164804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stewart-ri-1994.

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