State v. Caba (2005)

State v. Caba, 887 A.2d 370, 372 (R.I.2005); State v. Clifton, 777 A.2d 1272, 1276 (R.I.2001); State v. Jackson, 752 A.2d 5, 8 (R.I.2000); State v. Andrade, 657 A.2d 538, 542 (R.I.1995).

I The Question of a Domestic Relationship A Standard of Review When this Court reviews motions for judgment of acquittal, it applies the same standard as the trial justice. 5 State v. Brown, 9 A.3d 1232, 1237 (R.I.2010); State v. Caba, 887 A.2d 370, 372 (R.I.2005); State v. Forbes, 779 A.2d 637, 641 (R.I.2001).

II Standard of Review "Whenever this Court reviews the denial of a motion for judgment of acquittal, we apply the same standard as that applied by the trial justice; namely, we `must view the evidence in the light most favorable to the state, * * * giving full credibility to the state's witnesses, and draw therefrom all reasonable inferences consistent with guilt.'" State v. Ros, 973 A.2d 1148, 1159 (R.I.2009) (quoting State v. Caba, 887 A.2d 370, 372 (R.I.2005)).

“Whenever this Court reviews the denial of a motion for judgment of acquittal, we apply the same standard as that applied by the trial justice; namely, we ‘must view the evidence in the light most favorable to the state, * * * giving full credibility to the state’s witnesses, and draw therefrom all reasonable inferences consistent with guilt.’ ” State v. Caba, 887 A.2d 370, 372 (R.I.2005) (quoting State v. Higham, 865 A.2d 1040, 1048 (R.I.2004)).

When considering a Rule 29 . motion for a judgment of acquittal, the trial justice “must view the evidence in the light most favorable to the state, * * * giving full credibility to the state’s witnesses, and draw[ing] therefrom all reasonable .inferences consistent with guilt.” State v. Cardin, 987 A.2d 248, 250 (R.I. 2010) (quoting State v. Caba, 887 A.2d 370, 372 (R.I. 2005)).

Standard of Review “In reviewing the j denial of a motion for a judgment of acquittal, ‘we apply *225 the same standard as that applied by the trial justice; namely, we must view the evidence in the light most favorable to the state, * * * giving full credibility to the state’s witnesses, and draw therefrom all reasonable inferences consistent with guilt.’ ” State v. Rolon, 45 A.3d 518, 528 (R.I.2012) (quoting State v. Caba, 887 A.2d 370, 372 (R.I.2005)).

Standard of Review It is well settled that a defendant has a higher hurdle to overcome when arguing a Rule 29 motion for judgment of acquittal than when he seeks to prevail on a Rule 33 motion for new trial because when he renews an acquittal motion, the trial justice “must view the evidence in the light most favorable to the state, * * * giving full credibility to the state’s witnesses, and draw[ing] therefrom all reasonable inferences consistent with guilt.” State v. Cardi…

We review a trial justice’s denial of a motion for a judgment of acquittal using the same standard as the trial court applies. “[W]e ‘must view the evidence in the light most favorable to the state, * * * giving full credibility to the state’s witnesses, and draw therefrom all reasonable inferences consistent with guilt.’ ” Id. (quoting State v. Caba, 887 A.2d 370, 372 (R.I.2005)).

With respect to defendant’s motion for judgment of acquittal pursuant to Rule 29 of the Superior Court Rules of Criminal Procedure, “we apply the same standard as applied by the trial justice.” State v. Brown, 9 A.3d 1232, 1237 (R.I. 2010) (citing State v. Caba, 887 A.2d 370, 372 (R.I.2005)).

He appealed on March 5, 2009, and a judgment of conviction and commitment was entered thereafter. 9 II Standard of Review In reviewing the denial of a motion for a judgment of acquittal, “we apply the same standard as that applied by the trial justice; namely, we ‘must view the evidence in the light most favorable to the state, * * * giving full credibility to the state’s witnesses, and draw therefrom all reasonable inferences consistent with guilt.’ ” State v. Caba, 887 A.2…

Ill Standard of Review “In reviewing a denial of a motion for judgment of acquittal, we apply the same standard as applied by the trial justice.” State v. Brown, 9 A.3d 1232, 1237 (R.I.2010) (citing State v. Caba, 887 A.2d 370, 372 (R.I.2005)).

Standard of Review “Whenever this Court reviews the denial of a motion for judgment of acquittal, we apply the same standard as that applied by the trial justice; namely, we ‘must view the evidence in the light most favorable to the state, * * * giving full credibility to the state’s witnesses, and draw therefrom all reasonable inferences consistent with guilt.’ ” State v. Ros, 973 A.2d 1148, 1159 (R.I.2009) (quoting State v. Caba, 887 A.2d 370, 372 (R.I.2005)).

Sical, who defendant says testified that “he did not actually see [defendant] give drugs to Mr. Andino,” as well as to the testimony of Mr. Andino, who defendant says testified that “he obtained the drugs found in his possession from a source other than [defendant].” The state responds that the evidence presented in this case supports an inference of guilt, and that “it was eminently reasonable for the jury to infer that the cocaine was the subject of the transaction between…

However, prevailing on an acquittal motion is a heavier burden for a defendant because the trial justice “must view the evidence in the light most favorable to the state, * * * giving full credibility to the state’s witnesses, and drawing] therefrom all reasonable inferences consistent with guilt.” State v. Cardin, 987 A.2d 248, 250 (R.I.2010) (quoting State v. Caba, 887 A.2d 370, 372 (R.I.2005)).

State v. Caba, 887 A.2d 370, 372 (R.I.2005).

“Whenever this Court reviews the denial of a motion for judgment of acquittal, we apply the same standard as that applied by the trial justice; namely, we ‘must view the evidence in the light most favorable to the state, * * * giving full credibility to the state’s witnesses, and draw therefrom all reasonable inferences consistent with guilt.’ ” State v. Caba, 887 A.2d 370, 372 (R.I.2005) (quoting State v. Higham, 865 A.2d 1040, 1048 (R.I.2004)).

Lastly, defendant asserts that the state was required to prove on both count two, unlicensed carrying of a firearm, and count three, discharging of a firearm in a crime of violence, that he possessed a particular model of firearm and for count three that he discharged the bullets that killed Angel Martinez and the state failed to prove this at trial. 1 Standard of Review “Whenever this Court reviews the denial of a motion for judgment of acquittal, we apply the same standard…

We presented all the pertinent facts in State v. Caba, 887 A.2d 370, 371-72 (R.I. 2006), in which we vacated defendant’s conviction for assault with a dangerous weapon.

Compare State v. Briggs, 787 A.2d 479, 487 (R.I.2001) (defining larceny as a “wrongful taking without right and a carrying away of another’s personal property with a felonious intent to steal” (internal quotation marks omitted)) with State v. Cabo, 887 A.2d 370, 372-73 (R.I.2005) (noting that assault with a dangerous weapon consists of “[1] any unlawful offer to do corporal injury to another[,] [2] under such circumstances as may create a reasonable apprehension of immediate…

Standard of Review The defendant argues that the trial justice erred when he denied his motions for a judgment of acquittal 6 and for a new trial. 7 This Court has explained that “prevailing on an acquittal motion is a heavier burden for a defendant because the trial justice ‘must view the evidence in the light most favorable to the state, * * * giving full credibility to the state’s witnesses, and draw[ing] therefrom all reasonable inferences consistent with guilt.’” State …