Summary
The Rhode Island Supreme Court affirmed the Superior Court's adjudication that Tyrone Gilbert violated the terms of his probation and ordered him to serve previously suspended concurrent five-year sentences. The court held that the hearing justice did not abuse his discretion in denying Gilbert's requests for alternate counsel or a continuance to locate the alleged victim as a witness.
Topics
Practice areas
Questions Presented
- Whether the Superior Court abused its discretion by denying Gilbert's request for appointment of alternate counsel.
- Whether the Superior Court abused its discretion by denying Gilbert's request for a continuance to secure the appearance of the alleged victim as a witness.
- Whether the evidence supported the adjudication that Gilbert violated the conditions of probation.
Holdings
- The hearing justice did not abuse his discretion by denying Gilbert's request for appointment of alternate counsel.
- The hearing justice did not abuse his discretion by denying Gilbert's request for a continuance to locate Diaz and secure her testimony.
- The State's evidence was sufficient to support the finding that Gilbert violated probation by failing to keep the peace and remain of good behavior.
Key quotations
“A hearing justice, in performing this inquiry, should consider the following factors: "the promptness of the continuance motion and the length of time requested; the age and intricacy of the case; the inconvenience to the parties, witnesses, * * * counsel, and the court; whether the request appears to be legitimate or merely contrived foot dragging; whether the defendant contributed to the circumstances giving rise to the request; whether the defendant in fact has other competent and prepared trial counsel ready to pinch-hit; * * * and any other relevant factor made manifest by the record."” (29)
“The defendant made no offer of proof concerning her expected testimony; it was therefore not clear that she would have contradicted the testimony of the state's witnesses.” (31)
Factual background
Gilbert was on probation following concurrent sentences for two felony domestic-assault charges and was subject to a no-contact order protecting Ebell Diaz. Police responded to a March 15, 2008 report of an assault and observed Gilbert strike Diaz, resist police, damage windows, throw debris and glass at officers, and continue struggling after officers entered and arrested him. At the violation hearing, Gilbert sought alternate appointed counsel and later requested a short continuance to locate Diaz, but he made no offer of proof regarding her expected testimony and did not demonstrate diligence in securing her appearance.
Procedural history
Gilbert pleaded nolo contendere to two felony domestic-assault charges in 2006 and received concurrent six-year sentences, with one year to serve and five years suspended with probation. After a March 2008 incident, the State initiated probation-violation proceedings under Rule 32(f) of the Rhode Island Superior Court Rules of Criminal Procedure. Following a two-day hearing, the Superior Court found a violation and executed the suspended sentences. The Supreme Court of Rhode Island affirmed after directing the parties to show cause why the appeal should not be summarily decided.
Remand instructions
The record may be remanded to the Superior Court.