Preview:

Supreme Court No. 2010-3-C.A. (W1/06-105A) State v. Brandy Graff. : : :

NOTICE: This opinion is subject to formal revision before publication in the Rhode Island Reporter. Readers are requested to notify the Opinion Analyst, Supreme Court of Rhode Island, 250 Benefit Street, Providence, Rhode Island 02903, at Telephone 2223258 of any typographical or other formal errors in order that corrections may be made before the opinion is published.

Supreme Court No. 2010-3-C.A. (W1/06-105A) State v. Brandy Graff. : : :

Present: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ. OPINION Justice Robinson for the Court. The Rhode Island Department of Corrections (DOC) appeals from a Superior Court order granting the motion of the defendant, Brandy Graff, to modify the nature of her incarceration by transferring her to "ACI, Minimum Security, work release." On appeal, the DOC argues that the hearing justice erred in granting the motion; it contends: (1) that a motion to modify a sentence is not provided for by the Superior Court Rules of Criminal Procedure; (2) that classification of inmates is the prerogative of the director of the DOC--and that, accordingly, Ms. Graff is subject to the DOC's existing work-release procedure; and (3) that the Superior Court's classification of Ms. Graff violated the doctrine of separation of powers. This case came before the Supreme Court for oral argument pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After considering the record, the memoranda submitted by the parties, and the oral arguments of counsel, we are satisfied that this appeal may be decided without further briefing or argument. For the reasons set forth in this opinion, we vacate the order of the Superior Court. -1-

I Facts and Travel On April 23, 2007, defendant Brandy Graff, who was then twenty years old, pled nolo contendere to two counts of driving under the influence, death resulting. On June 18, 2007, Ms. Graff received, with respect to each count, a concurrent sentence of fifteen years, ten years to serve and five years suspended with probation. 1 conviction entered. A The Defendant's "Motion to Modify Sentence" On April 27, 2009, nearly two years after her original sentencing, defendant filed a "Motion to Modify Sentence for Court Ordered Work Release" 2 --asking the Superior Court to modify her sentence so as to allow her to take part in the work-release program during the period of her incarceration at the Adult Correctional Institutions (ACI). (Counsel's certificate of service indicates that a copy of the just-referenced motion was sent to the Office of the Attorney General, but there is no indication that a copy was served upon the DOC.) The defendant's motion to modify sentence was granted by a justice of the Superior Court as reflected in an order issued on May 26, 2009. 3 Three days later, on May 29, the DOC filed a motion to vacate the order of May 26. On June 26 of that year, a judgment of

Significantly, defendant was not ordered to work release when she was sentenced on June 18, 2007.
2

1

We shall hereinafter more succinctly refer to this motion as the "motion to modify sentence."

The justice of the Superior Court who presided over the hearings that eventuated in the instant appeal was the same justice who had sentenced defendant on June 18, 2007.

3

-2-

B The DOC's Motion to Vacate In support of its motion to vacate, the DOC asserted that the Superior Court was without authority to order defendant to take part in the work-release program because only the director of the DOC has been authorized by the General Assembly to allow a prisoner to participate in that program. More specifically, the DOC cited this Court's opinion in State v. Pari, 553 A.2d 135 (R.I. 1989), to support its contention that there are only two avenues whereby a defendant may gain access to participation in the work-release program: (1) by a court order to that effect at the time of sentencing where the relevant statute so permits (see G.L. 1956

Download 10-3.pdf

Rhode Island Law