11/04/2019
Defendant appealed a trial judge’s decision sustaining a violation of G.L. 1956 § 31-27-4 (Colin Foote Statute). At trial, the trial judge sustained a violation of § 31-16-2 and thereafter imposed sanctions under the Colin Foote Statute.
On appeal, Defendant argued that the trial judge’s decision was in violation of the law as the Colin Foote Statue enumerates specific offenses for which sanctions may be imposed and the charged violation was not one of those enumerated offenses. The Appeals Panel found that the Colin Foote Statute does not apply to the charged violation here. As such, the Appeals Panel held that the trial judge’s decision was in violation of the law. Accordingly, the Appeals Panel reversed the trial judge’s decision to apply the Colin Foote Statute and remanded the case to the trial court for resentencing.
Note: Although the Appeals Panel reversed the trial judge’s decision to impose sanctions pursuant to the Colin Foote Statute, the Appeals Panel affirmed the trial judge’s decision with respect to the § 31-16-2 violation.
State of Rhode Island v. Jeffrey D’Ambra, No. M18-0012 (November 4, 2019).pdf