State v. Navarro
2011 R.I. LEXIS 152
R.I.2011Background
- Defendant Miguel Navarro was convicted of first-degree child molestation sexual assault after retrial in 2008.
- Victim Veronica Jones, age four at the time, testified she was lured to a park, assaulted, and later blood was found on her underwear.
- Veronica and her eleven-year-old brother John identified Navarro in a photo array and in court; both made in-court identifications.
- Navarro sought a sixty-day continuance to obtain new counsel; the trial justice denied the request on the eve of retrial.
- Navarro was represented by public defender Lovoy at the first trial (which ended in a mistrial) and by Lovoy at retrial; Harris was later retained but not substituted.
- Superior Court sentenced Navarro to 65 years, with 35 years to serve and 30 years suspended, followed by probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of a continuance to secure counsel of choice violated the Sixth Amendment | Navarro contends the continuance was necessary for his chosen counsel to prepare. | Navarro asserts the denial infringed his right to counsel of his choice and to a fair trial. | No abuse of discretion; denial upheld. |
| Sufficiency of the evidence to sustain a conviction; new-trial standard | Evidence supports conviction; not entitled to new trial. | Identification and other evidence were suggestive and warrant a new trial. | Evidence sufficient; new-trial motion denied. |
| Sufficiency of the evidence to support a judgment of acquittal | State's witnesses credibly established guilt beyond a reasonable doubt. | Identification and eyewitness testimony were flawed and unreliable. | Evidence sufficient to sustain conviction; judgment of acquittal denied. |
Key Cases Cited
- State v. Moran, 699 A.2d 20 (R.I. 1997) (balances right to counsel of choice against efficient administration of justice)
- State v. Ashness, 461 A.2d 659 (R.I. 1983) (continuance against readiness of counsel; efficiency interests trump last-minute requests)
- State v. Snell, 892 A.2d 108 (R.I. 2006) (continuance decisions reviewed for abuse of discretion)
- State v. Farman, 600 A.2d 726 (R.I. 1992) (counsel choice and trial management principles)
- State v. Bido, 941 A.2d 822 (R.I. 2008) (timing of appointment of new counsel and continuance considerations)
- Espinal, 943 A.2d 1052 (R.I. 2008) (thirteenth juror standard for reviewing new-trial motions)
- Cardin, 987 A.2d 248 (R.I. 2010) (standard of review for motions challenging sufficiency of evidence)
- Pineda, 13 A.3d 623 (R.I. 2011) (thirteenth juror standard and weighing credibility for new trials)
- Hesford, 900 A.2d 1194 (R.I. 2006) (evidence sufficiency standard in judgment of acquittal context)