State v. Merida

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The Supreme Court affirmed the order of the superior court denying Defendant's motion to correct sentence pursuant to Rule 35 of the Superior Court Rules of Criminal Procedure, holding that the trial justice did not err in denying Defendant's motion to correct sentence.In 2006, Defendant was convicted of first- and second-degree child molestation sexual assault. From 2004 until his determination of guilt in 2006, Defendant was on "electronic home confinement" as a condition of bail. Following the completion of his direct and postconviction relief appeals Defendant filed a pro se motion for correction of sentence, arguing that the twenty-four months he spent on home confinement should be credited toward his overall sentence pursuant to R.I. Gen. Laws 12-19-2(a). The trial court denied Defendant's motion. The Supreme Court affirmed, holding (1) the trial justice correctly ruled that Defendant should not be credited with the time he spent on home confinement; (2) Defendant waived his equal protection argument; and (3) the trial justice did not abuse her discretion in denying Defendant's request for counsel in connection with his motion to correct sentence. View "State v. Merida" on Justia Law