State v. PHANNAVONG, 2011 R.I. LEXIS 87

Phannavong convicted in Providence County Superior Court of one count of first-degree and two counts of second-degree child molestation.
Sentences: 40 years with 20 to serve on first-degree, and 10 years to serve on each second-degree count; all concurrent.
Jane, the complainant, was the mother’s girlfriend’s daughter; abuse began when Jane was a child.
Abuse incidents included basement chair incident with digital penetration, bathroom incident with touching and vaginal insertion, and an attic incident with intercourse.
Phannavong sought to introduce a Woonsocket map as a demonstrative aid; trial court excluded the map as an unauthenticated full exhibit.
Defendant appealed challenging evidentiary ruling and denial of a new-trial motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of Woonsocket map as full exhibit	State argued map lacked proper authentication.	Phannavong argued map was relevant demonstrative aid.	Map properly excluded for lack of authentication.
Denial of motion for a new trial	State contended verdict supported by credibility and weight of evidence.	Phannavong argued verdict against weight of evidence.	Trial justice did not abuse discretion; denial affirmed.

State v. Marmolejos, 990 A.2d 848 (R.I.2010) (abuse-of-discretion standard for evidentiary rulings; credibility review in post-trial context)
State v. Peoples, 996 A.2d 660 (R.I.2010) (thirteenth juror standard for new-trial review)
State v. Stone, 924 A.2d 773 (R.I.2007) (guilt beyond a reasonable doubt standard for post-trial motion)
State v. Heredia, 10 A.3d 443 (R.I.2010) (credibility and weight of evidence; appellate deference to trial judge)
State v. Imbruglia, 913 A.2d 1022 (R.I.2007) (credibility and weight as part of sufficiency review)
Greene v. State, 74 R.I. 437 (1948) (maps illustrating scenes admissible when reasonably accurate)