State v. Jose L. Barrientos
2014 R.I. LEXIS 45
| R.I. | 2014Background
- In 2007 Barrientos pleaded nolo contendere to possession of a controlled substance and was sentenced to five years probation.
- On January 26, 2011, Providence detectives surveilling Kennedy Plaza observed Barrientos travel by RIPTA bus, meet others, leave in a Jeep, and later handle a clear plastic bag containing a white substance.
- Detective John Black testified he saw Barrientos put his finger into the bag and touch his tongue (a street-level ‘‘lacing’’ test), then drop the bag as officers approached; officers recovered the bag.
- Detective Black performed a Marquis Reagent field test at the station that turned purple, indicating an opiate/heroin derivative; surveillance footage from a nearby store corroborated parts of the officer’s account.
- A Superior Court hearing justice found Detective Black credible, concluded Barrientos violated his probation (failure to keep the peace/maintain good behavior), and imposed the previously suspended five-year sentence.
- Barrientos appealed, arguing the evidence was insufficient because the state did not present a toxicologist to identify the substance definitively.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to revoke probation | State: reasonably satisfactory evidence (officer testimony + video + field test) supports violation | Barrientos: absence of lab/toxicologist report means evidence insufficient | Court affirmed: hearing justice properly relied on credible testimony and corroborating evidence |
| Admissibility/weight of Marquis Reagent field test | State: field test training and result support inference of opiate presence | Barrientos: field test is unreliable without confirmatory lab analysis | Court: field test admissible and persuasive in probation context; even if it showed only an opiate derivative, evidence still sufficient |
| Standard of proof at probation revocation | State: lower standard than criminal trial; reasonably satisfactory evidence suffices | Barrientos: calls for higher proof given consequences | Court: reiterated lower standard and deferred to hearing justice credibility findings |
| Review standard for hearing justice credibility | State: deference to trial justice’s assessment | Barrientos: asks appellate scrutiny of credibility-based findings | Court: applied deferential review and found no arbitrary or capricious conduct |
Key Cases Cited
- State v. Ford, 56 A.3d 463 (R.I. 2012) (sets standard for probation-violation hearings and appellate review)
- State v. English, 21 A.3d 403 (R.I. 2011) (explains burden of proof and evidentiary threshold for revocation)
- State v. Kennedy, 702 A.2d 28 (R.I. 1997) (probation-revocation hearings not part of criminal prosecution; lower proof standard)
- State v. Jackson, 966 A.2d 1225 (R.I. 2009) (appellate courts defer to trial justice credibility assessments)