State v. Testa

Supreme Court of Rhode Island

State v. Testa

582 A.2d 446, 1990 R.I. LEXIS 166, 1990 WL 178563

CourtSupreme Court of Rhode Island

DecidedNovember 20, 1990

DocketNo. 90-237-C.A.

StatusPublished

This text of 582 A.2d 446 (State v. Testa) 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. Testa, 582 A.2d 446, 1990 R.I. LEXIS 166, 1990 WL 178563 (R.I. 1990).

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Opinion

OPINION

PER CURIAM.

This case comes before us on the defendant’s appeal, pro se, from the denial by a Superior Court justice of the defendant’s motion to withdraw a plea of nolo conten-dere to a charge of delivery and possession of cocaine. The defendant was directed by an order of this court to appear in order to show cause why his appeal should not be summarily denied and dismissed.

After hearing oral argument on November 1, 1990, and examining the memoranda filed by the defendant and counsel for the state, we are of the opinion that the trial justice did not err in rejecting the allegedly newly discovered evidence proffered by the defendant upon which he made a claim of innocence. There was no question in the record of the case that defendant in pleading nolo to the charge was fully aware of [447]*447the nature and consequences of his plea and had entered the same voluntarily and with advice of counsel. This case is not controlled by State v. Carillo, 108 R.I. 8, 271 A.2d 625 (1970). The trial justice had ample support for his finding that the proffered testimony did not create a reasonable doubt concerning the propriety of the initial plea of nolo contendere.

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

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OPINION

PER CURIAM.

This case comes before us on the defendant’s appeal, pro se, from the denial by a Superior Court justice of the defendant’s motion to withdraw a plea of nolo conten-dere to a charge of delivery and possession of cocaine. The defendant was directed by an order of this court to appear in order to show cause why his appeal should not be summarily denied and dismissed.

After hearing oral argument on November 1, 1990, and examining the memoranda filed by the defendant and counsel for the state, we are of the opinion that the trial justice did not err in rejecting the allegedly newly discovered evidence proffered by the defendant upon which he made a claim of innocence. There was no question in the record of the case that defendant in pleading nolo to the charge was fully aware of [447]*447the nature and consequences of his plea and had entered the same voluntarily and with advice of counsel. This case is not controlled by State v. Carillo, 108 R.I. 8, 271 A.2d 625 (1970). The trial justice had ample support for his finding that the proffered testimony did not create a reasonable doubt concerning the propriety of the initial plea of nolo contendere.

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

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Bluebook (online)

582 A.2d 446, 1990 R.I. LEXIS 166, 1990 WL 178563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-testa-ri-1990.

Opinion

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