State v. Nicholas Finnigan

Syllabus

The defendant, Nicholas Finnigan, appealed from a Superior Court judgment of conviction following a jury-waived trial at which he was found guilty of one count of second-degree child molestation and received a sentence of ten years, with fifty-four months to serve and the remainder suspended, and ten years of probation. On appeal, the defendant argued that the trial justice overlooked or misconceived material testimony regarding the actual date of the alleged incident. The Supreme Court concluded that the trial justice did not overlook or misconceive evidence, but rather, acknowledged the inconsistent testimony in the record and determined that it was inconsequential in this particular case. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.