Summary
The Rhode Island Supreme Court affirmed Gary Letts's misdemeanor conviction for obtaining money by false pretenses after he accepted a $400 paving deposit and failed to perform the contracted work. The court held that sufficient evidence supported findings that Letts misrepresented his present intention to perform within a reasonable time and intended to cheat or defraud the customers.
Holdings
- A misrepresentation concerning a future transaction, including a misrepresentation of a present intention to perform a future contractual obligation, constitutes a false pretense under G.L. 1956 § 11-41-4.
- The intent to cheat or defraud required for obtaining money by false pretenses was established when Letts intentionally used the false representation concerning performance to induce the Apontes to pay the $400 deposit.
- The trial justice's findings that Letts misrepresented his intention to perform and intended to cheat or defraud were supported by sufficient evidence and were not clearly wrong.
Questions Presented
- Whether sufficient evidence supported the finding that Letts obtained the Apontes' $400 deposit through a false representation concerning his intention to perform the paving contract.
- Whether sufficient evidence supported the finding that Letts acted with intent to cheat or defraud when he accepted the deposit.
Disposition
affirmed
Cases Cited (10)
- State v. Forand, 958 A.2d 134 (R.I. 2008)(followed)
- State v. Harris, 871 A.2d 341 (R.I. 2005)(followed)
- Barone v. Cotroneo, 711 A.2d 648 (R.I. 1998) (mem.)(followed)
- State v. Silvia, 798 A.2d 419 (R.I. 2002)(followed)
- State v. Traficante, 636 A.2d 692 (R.I. 1994)(followed)
- State v. Aurgemma, 116 R.I. 425, 358 A.2d 46 (1976)(followed)
- State v. Markarian, 551 A.2d 1178 (R.I. 1988)(followed)
- State v. McMahon, 49 R.I. 107, 140 A. 359 (1928)(followed)
- State v. Fiorenzano, 690 A.2d 857 (R.I. 1997)(followed)
- State v. LaRoche, 683 A.2d 989 (R.I. 1996)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…