State v. Alberto Rivera

Syllabus

The defendant, Alberto Rivera, appealed from convictions for assault with a dangerous weapon in a dwelling house with intent to murder, burglary, assault with a dangerous weapon, discharging a firearm while committing a violent crime, possession of a firearm after being convicted of a violent crime, and carrying a firearm without a license. The defendant argued that the trial justice erred by admitting the recording and transcript of a telephone call between the defendant and a confidential informant into evidence because (1) the state did not prove that the confidential informant freely and voluntarily consented to the recording of the call, (2) neither the recording nor the transcript was properly authenticated, and (3) the transcript included the defendant's name and certain statements in Spanish that were translated by a member of the Rhode Island Office of the Attorney General. The defendant also asserted that the trial justice erred by failing to grant the defendant a mistrial or a new trial when it became clear that defense counsel did not possess the complete discovery package prior to trial. The Supreme Court held that, because the defendant did not raise the issues of the confidential informant's consent to the recording and authentication of the recording and transcript before the trial justice, the defendant failed to preserve those issues for appellate review. Next, the Supreme Court held that the trial justice did not abuse his discretion when he admitted the transcript of the call into evidence. Finally, the Supreme Court held that the trial justice was not clearly wrong when he found that the defendant was not prejudiced by not having the complete discovery package and when he denied the defendant's motions for a mistrial and new trial. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.