State v. Jensen
2012 R.I. LEXIS 40
| R.I. | 2012Background
- defendant Santo Jensen pleaded to driving without consent (2006) and to breaking and entering and simple assault (2007).
- Sentences: 5 years probation concurrent with prior sentence; then 10-year sentence with 7 years suspended and probation for B&E; 1 year suspended with probation for assault.
- In June 2010, Rule 32(f) probation-violation notices were filed for alleged violations stemming from a May 30, 2010 burglary and sexual assault involving a six-year-old victim Jessica in Pawtucket.
- A three-day probation-violation hearing (July 6–8, 2010) featured testimony from Jessica, her mother, Detective Joyal, Captain Newman, and Detective Persson.
- The hearing judge found Yosh Jensen violated probation; Rhode Island Supreme Court granted a writ of certiorari and affirmed the Superior Court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the probation-violation finding was arbitrary or capricious | State argued credibility and fingerprint evidence supported violation | Jensen contends eyewitness identification and fingerprint evidence were unreliable | No; credibility and fingerprint evidence sufficient to support violation |
| Reliability of Jessica’s identification | State relied on in-court and photo identifications | Defense challenged reliability given age, abrupt incident, delay | Credibility reduced, but sufficient weight given to identification to sustain violation |
| Probative value of fingerprint evidence on gum package | Fingerprints matched defendant; high-quality print | Circumstantial, may be moveable object; timing unclear | Sufficient under totality of evidence to support violation |
Key Cases Cited
- State v. Lancellotta, 35 A.3d 863 (R.I. 2012) (probation-violation standard and burden of proof)
- State v. Shepard, 33 A.3d 158 (R.I. 2011) (credibility in probation-violation review)
- State v. Horton, 971 A.2d 606 (R.I. 2009) (credibility / deference to hearing justice)
- State v. Rioux, 708 A.2d 895 (R.I. 1998) (credibility balancing in probation cases)
- State v. Jones, 969 A.2d 676 (R.I. 2009) (reviewing court defers to trial judge on witness credibility)
- State v. Pona, 13 A.3d 642 (R.I. 2011) (lower burden of proof at probation hearing)
- State v. Christodal, 946 A.2d 811 (R.I. 2008) (credibility and reliability considerations)
- State v. Rodriguez, 798 A.2d 435 (R.I. 2002) (circumstantial evidence sufficiency standard)
- State v. Berroa, 6 A.3d 1095 (R.I. 2010) (fingerprint evidence sufficiency)
- State v. Perkins, 966 A.2d 1257 (R.I. 2009) (probation evidence sufficiency)