State v. James R. Perkins

Syllabus

The defendant, James R. Perkins, appealed from an adjudication by a justice of the Superior Court declaring him to be in violation of the terms and conditions of his probation. On appeal, the defendant claimed that (1) there was insufficient evidence presented to support a finding that he had violated his probation, and (2) in the alternative, even if sufficient evidence was presented to declare him a violator, the trial justice nevertheless erred by imposing an excessive sentence for the violation. <br><br>The Supreme Court concluded that the trial justice did not err in declaring him a probation violator because there was sufficient evidence to support the court's conclusion that he had violated the terms and conditions of his probation. The Supreme Court also rejected the defendant's claim that the trial justice imposed an excessive sentence, because, the Court explained, the trial justice is afforded substantial discretion in executing any portion of a defendant's suspended sentence after finding that he or she violated probation.<br><br>Accordingly, the Supreme Court affirmed the judgment of the Superior Court.<br><br>