State v. Charles Kenner

Syllabus

In these consolidated appeals, the defendant, Charles Kenner, sought review of two judgments of the Superior Court finding him to be in violation of the terms of his probation. On appeal, the defendant asserted that the hearing justice erred in finding that he failed to keep the peace and be of good behavior because the testimony the hearing justice relied on was inconsistent and not credible, and because there was not enough evidence to support a finding that the defendant was involved in the drug-deal-turned-robbery incident that precipitated the probation violation hearing. <br><br>The Supreme Court held that the trial justice did not err in determining that the defendant violated his probation by failing to keep the peace and be of good behavior. Specifically, the Supreme Court concluded that the hearing justice's reliance on the testimony presented at the hearing, while noting its inconsistencies, was neither arbitrary nor capricious. Additionally, the Supreme Court held that the evidence was sufficient to support a finding that the defendant did not keep the peace and maintain good behavior because he was present at the incident and was identified by a witness in a photographic array and in court. Accordingly, the Court affirmed the judgments of the Superior Court.