Procedure

Defendant appealed a decision by a trial magistrate upholding a violation of R.I.G.L. 1956 § 31-26-5 (duty in accident in damage to highway fixtures) following his entry of a guilty plea. Defendant argued that the trial magistrate’s decision to accept his guilty plea was clearly erroneous because he was not made aware of the nature of the violation. The Appeals Panel, after reviewing the record, agreed with defendant. The Appeals Panel found that the record established that defendant was aware that he hit a highway fixture, but not that he failed to “take reasonable steps to locate and notify the owner or person in charge of the property,” as required statute, in order to be guilty. See R.I.G.L. 1956 § 31-26-5. As a result, the Appeals Panel found that there was no affirmative evidence indicating that defendant was fully aware of the nature of the violation when he plead guilty, as required to accept such a plea. Accordingly, the Appeals Panel granted defendant’s appeal and vacated his guilty plea, with the matter remanded for further proceedings.

State of Rhode Island v. Matthew Pichi, No. T17-0019 (May 15, 2018).pdf