State v. Michael Narcovich

Syllabus

The defendant, Michael Narcovich, appealed his conviction on eight offenses following a jury trial. Five counts arose from a bar fight and its aftermath when defendant drove his vehicle into two women, causing injury, and then fled the scene, in violation of G.L. 1956 §§ 11-5-2, 31-26-1, and 31-27-1.2. Three counts arose from violations of a no-contact order, in violation of G.L. 1956 §§ 12-29-4 and 12-29-5. On appeal, defendant proffered three arguments: (1) that the trial justice erred when he instructed the jury that it could consider defendant's intoxication, because it was not an issue at trial and there was insufficient evidence presented to conclude that defendant was intoxicated (2) that the trial justice erred by failing to declare that the merger doctrine applied to two violations of the no-contact order and (3) that the trial justice erred in denying his motion for a new trial because the verdicts were against the weight of the evidence. The Supreme Court held that, in the absence of evidence of intoxication or an alcohol-related offense, whether defendant was intoxicated and the level of intoxication were not material issues in this case and it was reversible error to instruct the jury that it was entitled to consider the intoxication issue. The Court also held that the trial justice erred in ruling that the two violations of the no-contact order did not merge, because the conduct that predicated the two violations was part of a single and continuous act, without an intervening occurrence sufficient to break the continuity of contact. Finally, the Court declined to reach defendant's motion for a new trial argument because it vacated the judgment of conviction on other grounds. Accordingly, the Supreme Court vacated the judgment of conviction and remanded the case to the Superior Court for a new trial.