State v. Edward Delossantos

Syllabus

The defendant, Edward Delossantos, appealed from a judgment of conviction and commitment following a jury trial in the Providence County Superior Court. On appeal, the defendant contended that his waiver in the midst of the trial of his right to the assistance of counsel was not valid because it was untimely and because it was not made voluntarily, knowingly, and intelligently. The Supreme Court held that the defendant's waiver was not invalid as being untimely. It further held that the waiver was made voluntarily, knowingly, and intelligently. As such, the Court found no error in the trial justice's granting of the defendant's request to waive his right to the assistance of counsel.<br><br>The defendant also contended that the trial justice erred when she denied his motion for a new trial. He argued that the motion for a new trial should have been granted \in the interest of justice.\ The Court held that, because the defendant's waiver of his right to the assistance of counsel was valid, his \interest of justice\ argument consequently failed. It also held that the trial justice did not err in denying the \weight of the evidence\ portion of the defendant's motion for a new trial. As such, the Court held that the trial justice did not err in her denial of the defendant's motion for a new trial. Accordingly, the Court affirmed the judgment of the Superior Court. <br>