State v. Luis M. Molina

Syllabus

In these consolidated appeals, the defendant, Luis M. Molina, appealed from the denial of his motions to dismiss, to reconsider, and to recuse, all of which were orally denied subsequent to a finding of probation violation after his arrest on multiple narcotics and firearms charges. On appeal, the defendant argued (1) that the hearing justice erred in denying his motion to dismiss and his motion to reconsider because there was a delay in his probation violation hearing in contravention of G.L. 1956 § 12-19-9 and his right to due process (2) that the evidence did not support a finding that he had violated his probation (3) that the hearing justice imposed an excessive sentence when he executed six years of the suspended sentence imposed in his underlying case and (4) that the hearing justice should have recused himself from hearing the motion to dismiss and the motion to reconsider. The Supreme Court held that the defendant waived his right to a hearing within thirty days pursuant to § 12-19-9 by consenting to and/or requesting several continuances. The Court also concluded that the state presented enough evidence for the hearing justice to conclude, based on a preponderance of the evidence, that the defendant failed to keep the peace and be of good behavior. Furthermore, the Court held that the hearing justice considered several appropriate factors in making his sentencing decision and that, by executing the six years of the defendant's original suspended sentence, the hearing justice acted well within his discretion. Finally, the Court found the defendant's recusal argument to be waived. Accordingly, the Supreme Court affirmed the judgment of the Superior Court adjudicating the defendant a probation violator, affirmed the order denying the defendant's motion to dismiss and motion to reconsider, and affirmed the hearing justice's denial of the defendant's motion to recuse.