State v. D’Amico

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The Supreme Court affirmed the judgments of the superior court adjudging Appellant to be a violator of his probation, holding (1) there was no reason to remand Appellant’s case for a new probation violation hearing under the new standard set forth in accordance with the amended Rule 32(f) of the Superior Court Rules of Criminal Procedure; and (2) the hearing justice did not act arbitrarily or capriciously in finding that Appellant had violated the conditions of his probation.Five years after the judgments of conviction and commitment were entered, Appellant filed petitions for the issuance of writs of certiorari, which the Supreme Court granted. The Court then affirmed the judgments of the superior court, holding (1) the judgments at issue were final in 2016 when Rule 32(f) was amended, and they remained final; and (2) the evidence was sufficient to support the hearing justice’s conclusion that Appellant had breached the terms and conditions of his probation. View "State v. D’Amico" on Justia Law