State v. Pallister.
State v. Pallister.
Opinion of the Court
ORDER
After pleading nolo contendere to two counts of first-degree child molestation sexual assault,
On November 26, 2004, Mr. Pallister pled nolo contendere to the two counts in exchange for which a third charge of first-degree child molestation sexual assault and two counts of second-degree child molestation sexual assault
Now before this Court on direct appeal, Mr. Pallister contends that the trial justice erred as a matter of law when he determined that he was statutorily precluded from exercising any discretion to place defendant on home confinement as a condition of probation. We conclude, however, that defendant’s appeal is not properly before us.
As this Court long has held, we will “ ‘not consider the validity or the legality of a sentence on direct appeal’ ” absent “ ‘extraordinary circumstances[.]’ ” State v. Ibrahim, 862 A.2d 787, 793-94 (R.I. 2004) (quoting State v. Bettencourt, 728 A.2d 1101, 1114 (R.I. 1999)). “Rather, we have repeatedly held that the proper procedure for a review of a sentence begins in the Superior Court under Rule 35 of the Superior Court Rules of Criminal Procedure.” Id. at 794 (quoting Bettencourt, 723 A.2d at 1114). Here, Mr. Pallister pled nolo contendere with the knowledge that the court could impose a cumulative sentence of twenty-five years, with an eight-year “cap” to serve. Not only does the imposed sentence of twenty years, with six years to serve, fall within the bounds that the parties set in the aforementioned agreement, but it also is within the statutory parameters
Moreover, a review of the record reveals that the trial justice carefully considered a number of factors, including “the potential injurious effects of incarceration,” before imposing sentence. It is clear to us that the trial justice appropriately exercised his discretion in determining that a sentence of six years to serve was warranted, thus rendering futile the defendant’s request that he be sentenced to probation, with home confinement.
Accordingly, we affirm the judgment of conviction and commitment, and we remand the papers to the Superior Court.
. General Laws 1956 § 11-37-8.1 reads as follows:
“First degree child molestation sexual assault. — A person is guilty of first degree child molestation sexual assault if he or she engages in sexual penetration with a person fourteen (14) years of age or under.”
. Section 11-37-8.3 reads:
"Second degree child molestation sexual assault. — A person is guilty of a second degree child molestation sexual assault if he or she engages in sexual contact with another person fourteen (14) years of age or under."
. Section 11-37-8.2, as amended by P.L. 1984, ch. 59, § 2 states:
"Penalty for first degree child molestation sexual assault. — Every person who shall commit first degree child molestation sexual assault shall be imprisoned for a period of not less than twenty (20) years and may be imprisoned for life.”
Reference
- Full Case Name
- State v. William Pallister.
- Status
- Published