Background

• Whiting charged Nov. 22, 2011 with felony larceny over $500 and criminal solicitation; amended May 11, 2012 to reflect dates/locations; statutory amendment raising felony larceny threshold from $500 to $1,500 took effect June 8, 2012.
• Trial proceeded as a bench trial starting June 18, 2012 without knowledge of the amendment; defense moved to amend/dismiss counts after amendment but before decision.
• Trial judge declined to amend; found larceny over $500 with amount $714 and convicted on count 1 and count 2.
• Sentencing on Sept. 14, 2012; five years with six months to serve, remainder suspended, concurrent with count 2; judgment entered and appeal filed.
• Appellant argues the amendment should apply retroactively to pending cases; State argues savings clause permits pre-amendment prosecution and sentencing.
• Rhode Island Supreme Court affirms conviction and holds the general savings clause applies and the amendment should not be retroactively applied.

Issues

Key Cases Cited

• State v. Fletcher, 1 R.I. 193 (Rhode Island 1846) (abated prosecutions on repeal; common-law abatement rule)
• State v. Lewis, 91 R.I. 110, 161 A.2d 209 (Rhode Island 1960) (savings clause permits continuance of pending prosecutions)
• State v. Babbitt, 457 A.2d 1049 (Rhode Island 1983) (amendment narrow in scope; convictions vacated where conduct unchanged by amendment)
• State v. Mullen, 740 A.2d 783 (Rhode Island 1999) (ameliorative retroactivity considerations; equities in decriminalization context)
• State v. Kalil, 107 A.3d 343 (Conn. 2014) (persuasive authority; retroactivity analyzed with similar factors)
• State v. Briggs, 58 A.3d 164 (Rhode Island 2013) (statutes presumed prospective absent clear retroactive language)
• State v. Macarelli, 118 R.I. 693, 375 A.2d 944 (Rhode Island 1977) (conspiracy sentencing; equity considerations; codification impact)
• State v. LaPlume, 118 R.I. 670, 375 A.2d 938 (Rhode Island 1977) (catchall 11-1-1 preserves common-law offenses)