State v. Kevin Storey, 102 A.3d 641

Defendant Kevin Storey appealed a Superior Court conviction for assault with a dangerous weapon and simple assault and battery.
Trial evidence included Saleeba’s testimony of choking, head injury, and death threats; hospital records showed no neck injuries.
Jury found him guilty of assault with a dangerous weapon and simple assault and battery (as a lesser-included offense) but acquitted on the serious bodily injury count.
Sentence was fifteen years on count 1 (five to serve, ten suspended, with probation) and one year on count 2 (suspended, to be served concurrently).
Defendant challenged judgments on acquittal/new trial, cross-examination of the victim about custody issues, and the legality of the sentence; the Court decided to affirm.
Causes were not summarily decided; the Court proceeded to address the issues and affirm the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Judgment of acquittal/new trial standard	Defendant argues lack of evidence supports conviction	Evidence equivocal; no marks on neck; hospital record silent	New-trial standard upheld; evidence supports conviction for dangerous-weapon assault.
Cross-examination on custody issues	Custody issues could impeach credibility	Should have cross-examined Saleeba about custody	Trial court did not abuse discretion; custody issue outside jury scope was irrelevant.
Sentence legality on direct appeal	Fifteen-year sentence for assault with a dangerous weapon	Sentence potentially illegal; misapplication of verdict	Sentence reviewed as improper here; no extraordinary circumstances; issue not properly before Court.

State v. Lopez, 78 A.3d 773 (R.I. 2013) (hands-only assault with dangerous weapon may support conviction without injuries)
State v. Zangrilli, 440 A.2d 710 (R.I. 1982) (use of hands as a dangerous weapon if likely to cause substantial harm)
State v. Adewumi, 966 A.2d 1217 (R.I. 2009) (trial judge may comment on lack of expert proof without shifting burden)
State v. Pineda, 13 A.3d 623 (R.I. 2011) (new-trial standard; credibility assessment by thirteenth juror)
State v. Fleck, 81 A.3d 1129 (R.I. 2014) ( Rule 29/33 motions; deferential review for new-trial motion)
State v. Gaffney, 63 A.3d 888 (R.I. 2013) (standard for reviewing Rule 33 motions; credibility)
State v. Watkins, 92 A.3d 172 (R.I. 2014) (thirteenth juror concept; credibility and weight of evidence)
State v. Clay, 79 A.3d 832 (R.I. 2013) (how trial court weighs weight of evidence on new trial)
State v. Ibrahim, 862 A.2d 787 (R.I. 2004) (direct-appeal sentence review not proper absent extraordinary circumstances)
State v. Bettencourt, 723 A.2d 1101 (R.I. 1999) (sentence review procedure on direct appeal)