State v. Gerald D. Price
68 A.3d 440
R.I.2013Background
- Police executed a search warrant at 62 Heath Street; firearms were found in a blue leather handbag in a closet.
- Price was not present; his girlfriend Washington was charged in related narcotics/gun offenses.
- Price was convicted by jury on one marijuana possession count and two cocaine-with-intent-to-deliver counts tied to firearms.
- Trial focused on whether possession with intent to deliver while armed requires the firearm to be within Price’s reach.
- Price argued the trial court misinterpreted § 11-47-3 and that the guns were not within his immediate control.
- The court vacated the judgment and remanded for a new trial due to error in impeachment evidence, and other procedural concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Interpretation of 'having available any firearm' | Price argues narrow reach is required. | State contends proper interpretation by trial court. | Waived on appeal; Rule 29 issue not preserved. |
| Impeachment with prior-crime/false allegations | Price asserts improper impeachment based on false/prejudicial prior-crime references. | State contends impeachment within rules and harmless | Vacate conviction due to improper impeachment evidence and prejudice. |
| Right to informed decision on pleading vs. trial | Price claims Rule 11 requires informed plea decisions; he was misinformed. | State argues no obligation to ensure awareness of plea outcome for trial decision. | Not reversible error on the plead decision issue; remand for new trial overall due to other errors. |
Key Cases Cited
- State v. Tower, 984 A.2d 40 (R.I. 2009) (preservation of Rule 29(a) issues requires proper trial-stage objections)
- State v. Grullon, 117 R.I. 682 (1977) (renewal of motions for judgment of acquittal required to preserve appeal)
- State v. Gaspar, 982 A.2d 140 (R.I. 2009) (abuse of discretion in evidentiary rulings; standard review)
- State v. Mohapatra, 880 A.2d 802 (R.I. 2005) (evidence law discretion; Rule 609 interpretation)
- Christofaro, 70 R.I. 57 (1944) (improper use of arrests/charges to impeach credibility)
- Foster v. Barbour, 613 F.2d 59 (4th Cir. 1980) (false evidence of prior crimes undermines due process)
- State v. Sepe, 122 R.I. 560 (1980) (limits on credibility impeachment by arrests/charges)
- State v. Gallagher, 654 A.2d 1206 (R.I. 1995) (unrelated prior crimes are prejudicial and inadmissible)
- State v. Cardoza, 465 A.2d 200 (R.I. 1983) (relevance of prior crimes for impeachment)
- State v. Crow, 871 A.2d 930 (R.I. 2005) (timeliness and specificity of objections for evidentiary review)
- Christofaro, 70 R.I. 57 (1944) (prior arrests/charges as improper impeachment material)
