State v. Maciorski
State v. Maciorski
Opinion of the Court
ORDER
This case came before the Supreme Court on November 8, 2005, on appeal from a Superior Court adjudication that the defendant, Joshua Maciorski (defendant), violated his probation. The defendant argues that the Superior Court judgment should be vacated because the evidence presented was not sufficient to reasonably satisfy the hearing justice that the defendant violated the terms and conditions of his probation. For the reasons stated herein, we affirm the Superior Court judgment.
While on probation for previous convictions,
The second complainant, age nineteen, testified that on September 23, 2004, she went to defendant’s house, where she and a group of friends drank alcohol and smoked marijuana. The group left defendant’s house and went to a field. The defendant and complainant were alone when they began kissing and then she “kind of pushed away and laid down” on her side. She testified that she was extremely intoxicated and that she passed out. Upon waking, her pants and underwear were down and defendant was starting to have sex with her. She testified that she said “no” once and attempted to push defendant off her, but failed because she was weak and inebriated.
The hearing justice was “reasonably satisfied that the defendant did violate the terms and conditions of the sentences previously imposed * * * by engaging in un-consensual sex by force with [the first complainant].” The hearing justice also found that the state met its burden of proof that defendant had provided alcohol to both complainants, who were both under the age of twenty-one. Based on these findings, defendant was adjudicated a probation violator with respect to the felony assault conviction and was sentenced to five years at the Adult Correc
This Court’s “review of a hearing justice’s decision in a probation-violation proceeding is limited to considering whether the hearing justice acted arbitrarily or capriciously in finding a violation.” State v. Sylvia, 871 A.2d 954, 957 (R.I. 2005) (quoting State v. Rioux, 708 A.2d 895, 897 (R.I. 1998)). This Court will not consider the credibility of witnesses, rather this is the function of the hearing justice. Id. at 958.
The defendant argues that there was insufficient evidence to establish that he violated the terms and conditions of his probation and that the hearing justice acted arbitrarily and capriciously. In State v. Summerour, 850 A.2d 948 (R.I. 2004), this Court held “[t]he only issue at a revocation hearing is whether a defendant has breached a condition of his probation by failing to keep the peace or remain on good behavior.” Id. at 951 (quoting State v. Crudup, 842 A.2d 1069, 1072 (R.I. 2004)). At a probation-violation hearing, the prosecution need only establish a violation by reasonably satisfactory evidence. Sylvia, 871 A.2d at 957. Here, the prosecution has met its burden. The hearing justice considered the evidence presented and determined that the first complainant was a credible witness and that defendant admitted he provided alcohol to both complainants. Thus, the hearing justice hardly acted arbitrarily or capriciously in concluding that “defendant’s conduct ‘had been lacking in the required good behavior expected and required by his probationary status.’ ” State v. Piette, 833 A.2d 1233, 1236 (R.I. 2003) (quoting State v. Gautier, 774 A.2d 882, 887 (R.I. 2001)). Clearly, there was more than sufficient evidence to establish that defendant violated the terms and conditions of his probation.
For the reasons stated herein, we affirm the judgment of the Superior Court.
. The defendant previously had pled nolo con-tendere to felony assault and received a five-year suspended sentence with probation. The defendant also pled nolo contendere to third-degree sexual assault and received a four-year sentence, one year to serve and three years suspended with probation.
Reference
- Full Case Name
- State v. Joshua MacIorski.
- Status
- Published