State v. Johnny Xaykosy

Syllabus

The defendant, Johnny Xaykosy, appealed from a Superior Court judgment of conviction for second-degree murder and discharging a firearm during a crime of violence, resulting in the death of Nikolas DiPanni. The defendant contended that the trial justice erred by refusing to instruct on the lesser-included offense of voluntary manslaughter and that the sentence imposed was excessive. The Supreme Court concluded that the defendant's own testimony failed to suggest he was in fear, terror, or anger that was sufficient to rise to the necessary element of \sudden heat of passion.\ See State v. Ventre, 811 A.2d 1178, 1184 (R.I. 2002). The Supreme Court further concluded that the defendant's singular statement that he became \terrified\ was insufficient to establish that he \acted out of a sudden and uncontrollable passion.\ See State v. Ruffner, 911 A.2d 680, 688 (R.I. 2006). Therefore, the Supreme Court held that the trial justice did not err in declining to provide an instruction on the lesser-included offense of voluntary manslaughter. With respect to the defendant's contention that the sentence the trial justice imposed was excessive, the Supreme Court determined that the defendant failed to raise this issue pursuant to Rule 35 of the Superior Court Rules of Criminal Procedure. Therefore, the Supreme Court declined to review the merits of the defendant's claim, as it was not properly before the Court. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.