Preview:

Supreme Court No. 2006-203-C.A. (P1/04-1877A) State v. Justin Prout. : : :

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. 2006-203-C.A. (P1/04-1877A) State v. Justin Prout. : : :

Present: Suttell, C.J., Goldberg, Flaherty, and Robinson, JJ. OPINION Chief Justice Suttell, for the Court. Following a jury trial, the defendant, Justin Prout, was convicted of unlawful breaking and entering of a dwelling house, assault with a dangerous weapon, and simple assault. The defendant appeals these convictions, arguing that the trial justice erred in denying his motion for a new trial. The defendant contends that the trial justice misconceived or overlooked material evidence pertaining to (1) the trial witnesses' credibility; and (2) the defendant's alleged diminished capacity. This case came before the Supreme Court pursuant to an order directing the parties to show cause why the issues raised in this appeal should not summarily be decided. After considering the parties' written and oral submissions and reviewing the record, we conclude that cause has not been shown and that this case may be decided without further briefing or argument. For the reasons set forth in this opinion, we affirm the judgment of the Superior Court.

-1-

I Facts 1 and Procedural History This case stems from a violent altercation that occurred in Providence on April 1, 2004, and ultimately led to defendant's arrest. Juliana Martins Lorenzana, one of three complaining witnesses, testified that she was at the home she shared with her two children and her brother, Michael Martins, on the night of the incident. Ms. Lorenzana's friend, Juan Pena, and Mr. Martins's friend, Felix Ortega, also were at the house that evening. Sometime before 10 p.m., Mr. Pena left to purchase food. At approximately 10 p.m., Ms. Lorenzana was upstairs watching television with her children when she heard a rattling noise at the door of the house. She testified that she went downstairs and opened the door, expecting it to be Mr. Pena returning with the food. Instead, she was surprised to discover that it was defendant--a man with whom she was acquainted, but whom she neither trusted nor liked. At once, Ms. Lorenzana attempted to close the door to bar defendant's entrance into the house. Despite her efforts, however,

defendant pushed it open. The defendant allegedly used enough force to cause her to fall backwards onto the stairs and to leave a hole where the door struck the wall. Ms. Lorenzana testified that, after defendant gained entry into her home, he walked into the living room, where Mr. Ortega was playing video games. She then saw defendant swing a knife at Mr. Ortega, as the latter tried to defend himself. Ms. Lorenzana ran upstairs and called 911. When she came back downstairs, she saw Mr. Ortega run into the kitchen and obtain a

knife. Ms. Lorenzana also testified that Mr. Martins, who had been upstairs taking a shower, came downstairs and became involved in the fracas. At one point in the incident, Ms. Lorenzana witnessed defendant forcefully holding Mr. Martins down, and she saw a lot of blood. Ms.
1

These facts were adduced from the testimony of the trial witnesses. It should be noted that defendant disputes several of their statements.
-2-

Lorenzana further stated that, in the course of the altercation, defendant and Mr. Ortega both dropped their knives. She picked up the knives and brought them upstairs, away from the m

Download 06-203.pdf

Rhode Island Law