State v. Thomas Mosley

Citations

• 173 A.3d 872

Syllabus

The defendant, Thomas Mosley, sought review of a Superior Court judgment that declared him to be in violation of the terms and conditions of his probation. That judgment revoked the suspension of six of the seven years remaining on a suspended sentence. On appeal, the defendant contended that the hearing justice erred in finding that he had violated the terms and conditions of his probation he also contended that the sentence imposed by the hearing justice was \excessive.\ The Supreme Court held that the hearing justice did not act arbitrarily or capriciously in adjudicating the defendant to be a probation violator. The Court also held that the hearing justice's execution of six years of the defendant's suspended sentence was not excessive and did not constitute an abuse of discretion. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.