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