People v. Rivera Alvira
People v. Rivera Alvira
Opinion of the Court
Appellant was convicted by the court without a jury and sentenced to serve six months in jail for a
A jury acquitted appellant of the aforesaid offense of voluntary manslaughter.
He assigns on appeal (1) that the sentence in the case of carrying weapons is null and void because when the defendant was acquitted of the offense of manslaughter, he was also acquitted of carrying weapons, and (2) that defendant was not given the opportunity of requesting a trial by jury in the case of carrying weapons in violation of the due process of law.
Appellant has not sent up to this Court the transcript of evidence, as he states in his brief . . . “because the only two questions for discussion arise from and are based on the averments of the informations ....”
He is wrong. Without the transcript of evidence he has not placed us in a position to decide his first assignment relying on People v. Cruz Collazo, 95 P.R.R. 638 (1968). The information charges the defendant with a violation of § 4 of the Weapons Law and. with two of its modalities, to wit: (1) The carrying and transporting of a knife not on the occasion of its use as an instrument proper of an art, sport, profession, occupation, or trade, and (2) the use of that knife in the commission of an offense of voluntary manslaughter.
In the case of People v. Cruz Collazo, supra, we decided that when the evidence does not establish the bearing, carrying and transportation of a knife, but its use in the commission of an offense, and the defendant is acquitted
In the absence of the transcript of evidence we cannot determine whether or not there was evidence of the carrying and transportation of the knife. Consequently we have no grounds to determine that the error assigned was • committed.
Appellant contends that, pursuant to the provisions óf Rule 111 of the Rules of Criminal Procedure, he had a right to a trial by jury. We do not agree. The defendant has á right to a trial by jury in misdemeanor cases provided that the information- was originally filed in the Superior Court, except as provided by special statutes. Precisely, the Weapons Law in its § 33 '(25 L.P.R.A. § 443) provides that all cases concerning violation of the Weapons Law tried in the Superior Court shall be heard by the court without a jury. See People v. Rivera, 75 P.R.R. 399 (1953). It is clear that when our Constitution became effective such provision concerning felonies was impliedly repealed,' but it subsists as to misdemeanors.
In order to support his right to trial by jury, the appellant invokes also the doctrine in the case of Duncan v. Louisiana, 20 L.Ed.2d 491, decided May 20,1968. If the cited doctrine were applicable to Puerto Rico, the same is not
The judgment appealed from will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.