State v. Sharif K. Fairweather, 138 A.3d 822

Defendant Sharif K. Fairweather was serving a seven-year suspended sentence with probation (entered 2008) for breaking and entering; after a 2012 probation violation he served six months, leaving 78 months suspended.
On March 21–22, 2014, Clarissa Randall (then pregnant and in a relationship with Fairweather) alleged he assaulted her, threatened her with a knife, and that she sought medical attention; police were called and Fairweather was arrested after an altercation with officers.
The State filed a Rule 32(f) notice alleging Fairweather failed to keep the peace and be of good behavior; a probation-violation hearing was held on April 8, 2014.
At the hearing the justice credited Randall’s testimony and Officer Pineau’s account, found Fairweather’s testimony inconsistent and less credible, and adjudicated him a probation violator for assaulting Randall and resisting/arousing disorder with police.
The hearing justice executed 72 months of the remaining suspended sentence (leaving 6 months suspended); Fairweather sought certiorari review in the Rhode Island Supreme Court.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Fairweather)	Held
Whether the hearing justice acted arbitrarily or capriciously in finding a probation violation	The hearing justice properly weighed credibility, accepted Randall and officer testimony, and had reasonably satisfactory evidence of a violation	The finding rested mainly on uncorroborated, biased testimony from Randall and inconsistent evidence; the justice improperly credited her over Fairweather	The Court held the hearing justice did not act arbitrarily or capriciously; his credibility findings were plausible and supported the violation finding
Whether execution of 72 months of suspended sentence was excessive / abuse of discretion	The hearing justice permissibly considered Fairweather’s prior record and lack of amenability to rehabilitation in fashioning sentence	The sentence was excessive and based improperly on unrelated prior presentments and the thickness of Fairweather’s file; many prior incidents were old	The Court held the hearing justice did not abuse his discretion; consideration of prior record and rehabilitation prospects was appropriate and the sentence was not excessive

State v. Ditren, 126 A.3d 414 (R.I. 2015) (scope of inquiry at probation-violation hearing)
State v. Prout, 116 A.3d 196 (R.I. 2015) (standard for reviewing probation-violation findings)
State v. Washington, 42 A.3d 1265 (R.I. 2012) (burden of proof and deference to credibility findings at probation hearings)
State v. Gibson, 126 A.3d 427 (R.I. 2015) (deference to hearing justice credibility assessments)
State v. Jensen, 40 A.3d 771 (R.I. 2012) (credibility and weighing of conflicting testimony)
State v. Shepard, 33 A.3d 158 (R.I. 2011) (when credibility determinations support affirming probation-violation findings)
State v. McKinnon-Conneally, 101 A.3d 875 (R.I. 2014) (wide discretion to execute suspended sentence on violation)
State v. Roberts, 59 A.3d 693 (R.I. 2013) (sentencing discretion on probation violations)
State v. Jackson, 966 A.2d 1225 (R.I. 2009) (consideration of rehabilitation and record in sentencing)
State v. Sylvia, 871 A.2d 954 (R.I. 2005) (prior record as factor in sentencing)
State v. Wisehart, 569 A.2d 434 (R.I. 1990) (probation-sentencing principles)
State v. Lopez, 129 A.3d 77 (R.I. 2016) (inconsistencies among witness testimony do not automatically preclude credibility)