State v. Hakim Funches

Citations

• 160 A.3d 981
• 2017 WL 2323118
• 2017 R.I. LEXIS 72

Syllabus

The defendant, Hakim Funches (defendant), appeals from a judgment of conviction entered in the Superior Court following a jury trial. The defendant was convicted of one count of domestic assault by strangulation and one count of simple assault. Before the Supreme Court, the defendant contended that the trial justice erred in denying his motion to pass the case and his motion for judgment of acquittal. The Supreme Court held that the trial justice did not err in denying the motion to pass the case because, although the prosecutor posed an improper question to the defendant, it was not so inflammatory that it could not be cured by the cautionary instruction given to the jury. Likewise, the trial justice did not err in denying the motion for judgment of acquittal on the basis that the defendant was twice placed in jeopardy for the same act. The defendant was convicted of only one of the two counts and, therefore, did not face multiple punishments for a single offense.