State v. Victor M. Lopez
78 A.3d 773
R.I.2013Background
- April 15, 2008: Isaidely Negron in Central Falls apartment; intruder enters, chokes her with a coat and hands, she struggles and strikes back.
- Negron identifies intruder later as defendant from a photo array; detection relied on after the incident when defendant was located.
- Defendant López clocked in at 8:30 a.m. at Chili’s in Lincoln; payroll system shows no pre-start clock-ins, suggesting possible early arrival habits.
- Prosecution charged López with breaking and entering and felony assault with a dangerous weapon; counts related to assault with intent to murder and simple assault were dismissed before trial.
- Defense argued imperfect alibi and lack of corroborating physical evidence; eyewitness identification presented as key evidence linking López to the crime.
- Trial court denied defendant’s motion for a new trial and for acquittal on the assault-with-a-weapon charge; López appealed on all three grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| New-trial standard and weight of the evidence | Lopez | Lopez contends weight of evidence does not support verdict | Denied; court defers to trial judge’s credibility findings and upholds verdict |
| Voir dire about eyewitness reliability | Lopez | Defense should question jurors on eyewitness reliability | No error; discretion to limit questioning upheld; eyewitness factors addressed in instructions and cross-examination |
| Judgment of acquittal on assault with dangerous weapon | Lopez | Evidence insufficient to show hands as dangerous weapon | No error; hands used to choke suffices to qualify as dangerous weapon under Gore standard |
Key Cases Cited
- State v. Covington, 69 A.3d 855 (R.I. 2013) (juror reconsideration standard for new trials; thirteenth juror deference)
- State v. Navarro, 33 A.3d 147 (R.I. 2011) (new-trial standard and credibility review)
- State v. Pineda, 13 A.3d 623 (R.I. 2011) (weight of evidence; credibility assessment guidance)
- State v. Espinal, 943 A.2d 1052 (R.I. 2008) (standard for new-trial deference; sufficiency considerations)
- State v. Gore, 820 A.2d 978 (R.I. 2003) (injury necessity; “dangerous weapon” definition—physical act suffices)
- State v. Day, 898 A.2d 698 (R.I. 2006) (eyewitness reliability considerations within juror evaluation)
- State v. Porraro, 121 R.I. 882, 404 A.2d 465 (R.I. 1979) (trustworthiness of eyewitness testimony sufficient for jury deliberation)
- State v. Froais, 653 A.2d 735 (R.I. 1995) (definition of assault; immediate injury considerations)
- State v. Jeremiah, 546 A.2d 183 (R.I. 1988) (origin of dangerous-weapon analysis (abrogated on other grounds))