State v. Edilsar Alvarado

Syllabus

The defendant, Edilsar Alvarado, appealed from a judgment of conviction on two counts of first-degree child molestation sexual assault. The defendant asserted that the trial justice erred (1) in denying his motion to suppress his statements made to the police (2) in denying his motion for a mistrial, based on a claimed Rule 16 discovery violation and (3) in denying his Rule 29(b) motion to dismiss the two counts of first-degree child molestation. The Supreme Court held that the defendant had knowingly, intelligently, and voluntarily waived his Miranda rights prior to being interviewed by police. The Court also held that the trial justice did not err in denying the defendant's motion for a mistrial, because any prejudice suffered by the defendant was cured by a five-day continuance of the trial. Finally, the Court held that the trial justice did not err in denying the defendant's Rule 29(b) motion to dismiss because the trial justice properly assessed the complaining witness's credibility. Therefore, the Supreme Court affirmed the judgment of conviction.