State v. Karen A. Connery, 139 A.3d 401

Two separate prosecutions against Karen A. Connery: (1) simple assault (complaint filed July 11, 2012) and (2) breaking and entering a dwelling (information filed Feb 15, 2013). Both tried in Superior Court on a jury-waived basis in June 2014.
At trial defendant was convicted of simple assault and, after defense counsel urged the court to view the facts under the willful-trespass statute, the trial justice found defendant guilty of willful trespass as a lesser-included offense of breaking and entering.
Defendant received consecutive suspended one-year sentences with one year of probation on each count and no-contact orders for each victim.
On appeal defendant argued: (A) her Sixth Amendment speedy-trial right was violated as to the simple-assault charge; and (B) willful trespass is not a lesser-included offense of breaking and entering and the trial court erred by denying her motion to dismiss the breaking-and-entering charge.
The Supreme Court considered whether each issue was preserved and properly before the Court given defense counsel’s trial representations and earlier procedural steps.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Speedy trial for simple assault	State defended conviction and preservation	Connery argued delay violated her constitutional speedy-trial right	Waived — defendant did not raise the issue at trial; appeal not cognizable under raise-or-waive rule
Whether willful trespass is a lesser-included offense of breaking and entering	State allowed trial justice to consider lesser offense	Connery argued willful trespass is not a lesser-included offense and trial justice erred in denying motion to dismiss breaking-and-entering	Waived — defense counsel affirmatively requested consideration of willful trespass; issue not preserved for appeal
Trial court’s denial of motion to dismiss breaking-and-entering charge	State opposed dismissal	Connery claimed lack of forced entry undermined the charge	Not reached — defendant invited the court to consider the lesser offense before the court ruled on dismissal, so appellate review barred by waiver/hardship principles

State v. Figuereo, 31 A.3d 1283 (R.I. 2011) (raise-or-waive preservation rule and its narrow exceptions)
State v. Vargas, 21 A.3d 347 (R.I. 2011) (premature notice of appeal treated as timely)
Dovenmuehle Mortgage, Inc. v. Antonelli, 790 A.2d 1113 (R.I. 2002) (premature appeal notice rule)
State v. Bouffard, 945 A.2d 305 (R.I. 2008) (preservation and exceptions to raise-or-waive)
State v. Oliveira, 127 A.3d 65 (R.I. 2015) (no right to hybrid representation; pro se filings by a represented defendant are not entertained)