State v. Lancellotta
2012 R.I. LEXIS 1
R.I.2012Background
- Defendant Giulio Lancellotta pled nolo contendere in 2000 to second-degree robbery; received a 12-year prison sentence suspended, with 12 years probation.
- Nearly eight years later, alleged probation violations were brought under Rule 32(f) while defendant remained on probation.
- Defendant requested new private counsel; magistrate denied continuance and proceeded with violation hearing
- Public defender represented defendant at hearing; two prior continuances occurred before August 25, 2008
- Magistrate found probation violation and sentenced defendant to seven years of the twelve-year suspended sentence
- Defendant timely appealed challenging continuance denial, accuracy of violation finding, and severity of sentence
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of a continuance to secure new counsel was an abuse of discretion | Lancellotta argues denial violated rights to counsel | Lancellotta contends exceptional circumstances warranted discharge | No abuse of discretion; proper balancing conducted |
| Whether the magistrate arbitrarily found a probation violation | State claims evidence supported violation | Defense challenges credibility and sufficiency | Finding supported by reasonably satisfactory evidence; not arbitrary or capricious |
| Whether the sentence was improper given a plea offer | Punishment based on violation and prior offenses | Sentence exceeded plea terms and due process was implicated | Magistrate acted within discretion; sentence appropriate under Vieira/Parson framework |
Key Cases Cited
- State v. Gilbert, 984 A.2d 26 (R.I. 2009) (probation-violation standard; burden of proof relaxed)
- State v. Tetreault, 973 A.2d 489 (R.I. 2009) (probation-violations require reasonably satisfactory evidence)
- State v. Dias, 118 R.I. 499 (R.I. 1977) (continuance for private counsel; exceptional circumstances absent)
- State v. Vieira, 883 A.2d 1146 (R.I. 2005) (probation violation burden; keep the peace standard)
- State v. Parson, 844 A.2d 178 (R.I. 2004) (sentencing discretion for probation violators)
- State v. McLaughlin, 935 A.2d 938 (R.I. 2007) (credibility not weighed by reviewing court; judge assesses)