State v. Suero

721 A.2d 426, 1998 R.I. LEXIS 306, 1998 WL 784494
CourtSupreme Court of Rhode Island
DecidedNovember 6, 1998
Docket96-595-C.A.
StatusPublished
Cited by21 cases

This text of 721 A.2d 426 (State v. Suero) 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. Suero, 721 A.2d 426, 1998 R.I. LEXIS 306, 1998 WL 784494 (R.I. 1998).

Opinion

OPINION

GOLDBERG, Justice.

The defendant, Angel Suero (Suero), is appealing his convictions for first-degree child-molestation sexual assault, assault with a dangerous weapon, and kidnapping of a minor. The convictions were entered by the Superior Court pursuant to a jury verdict. Suero raises two issues on appeal. First, whether the trial justice erred in denying his motion for judgment of acquittal, and second, whether the trial justice erred in denying his motion to pass the case. After reviewing the parties’ briefs and hearing their arguments, we discern no error. Consequently, we' affirm the judgments of conviction and deny Suero’s appeal.

On the morning of November 16, 1998, at approximately 6:50 a.m., Amy (a fictitious name), the twelve-year-old victim in this case, was walking to her Providence school bus stop when she was approached by an automobile driven by Suero. Amy recognized Suero as an individual whom she had seen previously in front of her house. Suero positioned his vehicle alongside Amy and demanded that she join him. After Amy refused to “go inside the car,” Suero exited the vehicle and proceeded on foot toward Amy. Suero then grabbed Amy by her hair, held her at knife point, and forced her into the passenger side of the vehicle. As soon as Amy was inside the automobile and under Suero’s control, Suero drove to his Central Falls apartment via the highway, despite Amy’s demand to be taken to school. Suero continued en route to his apartment, all the while refusing Amy’s request and offering to take her to school only when he was “finished.” Suero warned Amy, however, that if she screamed, he would kill her.

Following a terrifying journey during which Amy feared for her life, the two arrived at Suero’s third-floor apartment in Central Falls. Upon arrival, Suero forced Amy into his apartment, locked the apartment door behind them, and led Amy to his bedroom. While in the bedroom, Suero offered Amy a glass of milk and played a pornographic video. Next, Suero forced Amy to remove her clothing, article by article, and lie naked on the bed. Suero then proceeded to perform sexual intercourse on Amy as she lay crying. Shortly thereafter, the two climbed off the bed. While Suero was dressing, Amy surreptitiously escaped from the apartment under the guise of using the bathroom.

Nearly two hours after the initial asportation Amy ran down the street to escape her attacker. There she encountered a bystander willing to help, who notified the local police department. Police soon arrested Suero, and he was charged with first-degree child-molestation sexual assault, two counts of assault with a dangerous weapon (one with a knife, the other a gun), and kidnapping of a minor.

A jury trial was held in the Superior Court. At the close of the state’s case, Suero moved for a judgment of acquittal on all counts, which the trial justice denied. The jury returned a guilty verdict on all counts except for the charge of assault with a gun. Suero was sentenced to life imprisonment on the charge of first-degree child-molestation, and an additional twenty years to serve consecutively to the life sentence on the charges of assault with a dangerous weapon and kidnapping a minor. Suero then filed this appeal. Additional facts relevant to the specific issues addressed will be discussed as necessary.

Motion for Judgment of Acquittal

In reviewing the denial of a motion for a judgment of acquittal, this Court applies the same standard as the trial justice. *428 See State v. Henshaw, 557 A.2d 1204, 1206 (R.I.1989). Accordingly, we “must view the evidence in the light most favorable to the state, without weighing the evidence or assessing the credibility and draw all reasonable inferences that are consistent with guilt.” Id. Unless the evidence, when viewed in such a light, is insufficient to warrant a verdict of guilty beyond a reasonable doubt, the motion should be denied. See id. at 1206-07; see also State v. Andrade, 657 A.2d 538, 542 (R.I.1995). Mindfid of this standard, we consider the following arguments.

Suero contends that he cannot be convicted of kidnapping a minor pursuant to G.L.1956 § 11-26-1.4 because his taking and transporting of Amy had no significance independent from that of the first-degree child-molestation sexual assault charge as required under State v. Innis, 433 A.2d 646 (R.I.1981). In other words, Suero maintains that in order to commit the child-molestation crime on Amy, it was necessary to take her to his Central Falls apartment. He insists the as-portation of Amy was merely incidental to, and in furtherance of, the misconduct that led to the child-molestation charge and therefore, such conduct cannot support the separate charge of kidnapping a minor.

To support his argument, Suero relies on our holding in Innis where this Court stated that confinements that are incidental to the commission of a crime, and have no independent significance, are not punishable as separate offenses. See id. at 655. Suero’s reb-anee on Innis, however, is misplaced because the holding of that case was limited to § 11-26-1. 1 Since Suero was convicted pursuant to § 11-26-1.4, our analysis in Innis, and the independent significance doctrine, is inapplicable to the issue before us.

“The intention of the Legislature controls our consideration of the mandatory or directory character of statutory provisions.” Roadway Express, Inc. v. Rhode Island Commission for Human Rights, 416 A.2d 673, 674 (R.I.1980). “It is well settled that when the language of a statute is clear and unambiguous, this Court must interpret the statute literally and must give the words of the statute their plain and ordinary meaning.” State v. DiCicco, 707 A.2d 251, 253 (R.I.1998). Moreover, when we examine an unambiguous statute, “there is no room for statutory construction and we must apply the statute as written.” In re Denisewich, 643 A.2d 1194, 1197 (R.I.1994).

Section 11-26-1.4 states:

“Whoever, without lawful authority, force-ably or secretly confines or imprisons any child under the age of sixteen (16) years within this state against the child’s will, or forceably carries or sends the child out of this state, or forceably seizes or confines or inveigles or kidnaps the child with intent either to cause the child to be secretly confined or imprisoned within this state against his or her will, or with the intent of sexually assaulting or molesting the child as defined in chapter 37 of this title,

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Bluebook (online)
721 A.2d 426, 1998 R.I. LEXIS 306, 1998 WL 784494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-suero-ri-1998.