State v. Marsich, 10 A.3d 435

Marsich was convicted of first-degree robbery, using a firearm during a violent crime, and possession of a firearm after a prior violent crime, with habitual-offender status; sentences totaled 50 years with 25-year habitual term enhanced by 12 years to serve without parole.
The robbery occurred December 1, 2005, when a masked gunman bound and duct-taped Jacquelyn Cardillo and took money from the basement fireplace after confirming no safe existed.
Marsich was arrested at a motel two miles away the night of the incident after his pickup was left in the lot; he had parked it there around 6 p.m.
Defense challenged on appeal four issues: denial of a continuance for an alibi witness, ineffective assistance of trial counsel, the habitual-offender determination based on old convictions and notice, and double jeopardy for the robbery and firearm-use counts.
The trial court denied the continuance, the ineffective-assistance claim was not developed on direct appeal, habitual-offender notice issues were raised, and the double-jeopardy claim was resolved in favor of the state because the statute requires consecutive sentencing for firearm-enhanced crimes.
The Rhode Island Supreme Court affirmed the conviction and remanded to the Superior Court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court erred by denying continuance for alibi witness	Marsich	Marsich	No abuse of discretion; criteria not met
Whether trial counsel rendered ineffective assistance	Marsich	Marsich	Not addressed on direct appeal; post-conviction only
Whether habitual-offender adjudication was proper given notice and age of convictions	Marsich	Marsich	Sufficient notice; statute unambiguous; age of offenses permitted
Whether consecutive sentences for robbery and firearm use violate double jeopardy	Marsich	Marsich	Consecutive sentencing mandated; no double jeopardy violation

State v. Firth, 708 A.2d 526 (R.I.1998) (continuance standard; abuse of discretion not presumed)
State v. Levitt, 118 R.I. 32, 371 A.2d 596 (R.I.1977) (due-process considerations for continuances)
State v. Carillo, 113 R.I. 32, 317 A.2d 449 (R.I.1974) (alignment of alibi notice with due process)
State v. Patriarca, 112 R.I. 14, 308 A.2d 300 (R.I.1973) (continuance considerations in defense preparation)
State v. Rossi, 71 R.I. 284, 43 A.2d 323 (R.I.1945) (early framework for continuance rulings)
State v. Burke, 811 A.2d 1158 (R.I.2002) (de novo review; statutory interpretation for habitually criminal)
State v. Smith, 766 A.2d 913 (R.I.2001) (statutory interpretation and notice requirements)
State v. Bryant, 670 A.2d 776 (R.I.1996) (plain-meaning rule for statutes)
State v. Davis, 120 R.I. 82, 384 A.2d 1061 (R.I.1978) (Blockburger same-evidence test adoption)
State v. Rodriguez, 822 A.2d 894 (R.I.2003) (consecutive sentences for firearm-use offenses)
State v. Grullon, 371 A.2d 265 (R.I.1977) (double jeopardy analysis framework)
Hunter, 459 U.S. 359 (U.S.1983) (consecutive sentencing where legislature expresses intent)