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State v. Rosario
35 A.3d 938
| R.I. | 2012
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Background

  • Defendant Rosario was convicted on two counts of first-degree child molestation.
  • Victim Joan, aged 13 in May 2007, reported sexual contact with a man she met online; authorities identified Rosario.
  • Trial in Oct 2008 featured five prosecution witnesses and Rosario testifying in his own defense.
  • Following the guilty verdict, defense moved for a new trial; the trial judge denied the motion after a three-step Cerda-based analysis.
  • Rosario was sentenced to 25 years on each count, to run concurrently, with portions suspended and probation imposed.
  • Appellate court affirmed, concluding the trial judge did not err in denying the motion for a new trial and that credibility determinations supported the verdict.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the trial court erred in denying the motion for a new trial. Cerda-based believability of witnesses supports the verdict. Inconsistencies and incredibility warrant a new trial. No error; verdict affirmed; trial court credited core testimony and would have reached same result.

Key Cases Cited

  • Cerda v. State, 957 A.2d 382 (R.I.2008) (three-step test for new-trial motions; credibility assessment)
  • Guerra v. State, 12 A.3d 759 (R.I.2011) (thirteenth juror standard; credibility and weight of evidence)
  • Morales v. State, 895 A.2d 114 (R.I.2006) (three-factor analysis for sufficiency of evidence and jury conformity)
  • Texeira v. State, 944 A.2d 132 (R.I.2008) (great weight given to trial judge's reasoning in new-trial denial)
Read the full case

Case Details

Case Name: State v. Rosario
Court Name: Supreme Court of Rhode Island
Date Published: Jan 24, 2012
Citation: 35 A.3d 938
Docket Number: No. 2009-110-C.A.
Court Abbreviation: R.I.