State v. Joseph Segrain
Syllabus
The defendant, Joseph Segrain, sought review of an adjudication of a probation violation after a hearing that took place in October of 2017 in light of new charges having been filed against him as the result of a drive-by shooting. At the conclusion of the hearing, the hearing justice determined that defendant had violated the terms and conditions of his probation due to his involvement in the drive-by shooting. The hearing justice ordered defendant to serve the nine years remaining on a suspended sentence which he had received as a result of an earlier conviction. The defendant contended on appeal that his being ordered to serve the full nine years remaining on his suspended sentence was based solely on the new charges, without due attention being given to the original charges with respect to which he was on probation. After reviewing the record and the hearing justice's sentencing determination, the Court concluded that the hearing justice was well within her discretion in sentencing defendant to the full nine years remaining on his suspended sentence. The Court was satisfied that the hearing justice considered appropriate factors in making her sentencing decision and that she did not rely solely on the most recent acts of wrongdoing. Therefore, the Court affirmed the judgment of the Superior Court.
Sourced from CourtListener / Free Law Project (CC0).
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