(a) Whenever any person has been sentenced to imprisonment for violation of a deferred
sentence by reason of the alleged commission of a felony and the grand jury has failed
to return any indictment or an information has not been filed on the charge which
was specifically alleged to have constituted the violation of the deferred sentence,
the sentence to imprisonment for the alleged violation of the deferred sentence shall,
on motion made to the court on behalf of the person so sentenced, be quashed, and
imprisonment shall be immediately terminated, and the deferred sentence shall have
same force and effect as if no sentence to imprisonment had been imposed.
(b) Whenever any person, after an evidentiary hearing, has been sentenced to imprisonment
for violation of a suspended sentence or probationary period by reason of the alleged
commission of a felony or misdemeanor said sentence of imprisonment shall, on a motion
made to the court on behalf of the person so sentenced, be quashed, and imprisonment
shall be terminated when any of the following occur on the charge which was specifically
alleged to have constituted the violation:
(1) After trial person is found “not guilty” or a motion for judgment of acquittal or
to dismiss is made and granted pursuant to Superior or District Court Rule of Criminal
Procedure 29;
(2) After hearing evidence, a “no true bill” is returned by the grand jury;
(3) After consideration by an assistant or special assistant designated by the attorney
general, a “no information” based upon a lack of probable cause is returned;
(4) A motion to dismiss is made and granted pursuant to the Rhode Island general laws § 12-12-1.7 and/or Superior Court Rule of Criminal Procedure 9.1; or
(5) The charge fails to proceed in District or Superior Court under circumstances where
the state is indicating a lack of probable cause, or circumstances where the state
or its agents believe there is doubt about the culpability of the accused.
(c) This section shall apply to all individuals sentenced to imprisonment for violation
of a suspended sentence or probationary period by reason of the alleged commission
of a felony or misdemeanor and shall not alter the ability of the court to revoke
a suspended sentence or probationary period for an allegation of conduct that does
not rise to the level of criminal conduct.
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1968–2021 · leading case:
State v. Robert Beaudoin, 137 A.3d 717 (R.I. 2016).
State v. Robert Beaudoin, 137 A.3d 717 (R.I. 2016).
· cites it 36× “General Laws 1956 § 12-19-18 was amended by the General Assembly in 2010, see P.”
Hazard v. Howard, 290 A.2d 603 (R.I. 1972).
· cites it 15× “1956 (1969 Reenactment) §12-19-18, which reads as follows: “Termination of imprisonment on deferred sentence on failure of grand jury to indict.”
State v. Harry W. Brown, 140 A.3d 768 (R.I. 2016).
· cites it 2× “”); see also G.L. 1956 § 12-19-18(c) (recognizing “the ability of the court to revoke a suspended sentence or probationary period for an allegation of conduct that does not rise to the level of criminal conduct”); see, e.”
Brady v. Langlois, 243 A.2d 906 (R.I. 1968).
· cites it 5× “1956, §12-19-18, the two-year sentence imposed on July 28, 1966, should be quashed, (italics ours) Section 12-19-18, reads as follows: “Termination of imprisonment on deferred sentence on failure of grand jury to indict.”
State v. Plante, 285 A.2d 395 (R.I. 1972).
· cites it 3× “The first such issue involves the constitutionality of §12-19-18, 4 (1969 Reenactment) and the application of that section to the facts in the instant case.”
State v. Bouffard, 35 A.3d 909 (R.I. 2012).
“On June 25, 2010, subsequent to the docketing of this appeal, the General Assembly amended § 12-19-18, governing the termination of imprisonment for defendants serving deferred sentences, to include imprisonment for probation and suspended-sentence violations.”
State v. Curtis Isom, 62 A.3d 1120 (R.I. 2013).
· cites it 2× “On appeal, the defendant argues that: (1) the magistrate who revoked five years of his suspended sentence exceeded her authority in doing so; (2) the trial justice who subsequently heard the defendant’s motion to vacate that sentence erred when he declined to address the motion…”
State v. Bettencourt, 315 A.2d 53 (R.I. 1974).
“1956 (1969 Reenactment) §12-19-18 the Legislature provided that a person confined for violating a deferred sentence agreement by reason of an alleged commission of a felony shall' be freed if a grand jury subsequently fails to return an indictment on the specific charge for…”
State v. White, 37 A.3d 120 (R.I. 2012).
· cites it 8× “Although amended in June 2010, at the time of defendant’s plea G.L.1956 § 12-19-18 provided: "Whenever any person has been sentenced to imprisonment for violation of a deferred sentence by reason of the alleged commission of a felony and the grand jury has failed to return any…”
State v. Jones, 352 A.2d 656 (R.I. 1976).
· cites it 3× “1956 (1969 Reenactment) §12-19-18, as amended by P. L. 1974, ch. 118, § 14, 1 as he would have been entitled to had sentence been deferred rather than suspended.”
State v. McConaghy, 386 A.2d 1380 (R.I. 1978).
· cites it 10× “1956 (1969 Reenactment) §12-19-18, as amended by P.L. 1974, eh. 118, §14 1 moved to vacate the execution of his 5-year suspended sentence.”
Hazard v. State of Rhode Island (D.R.I. 2021).
· cites it 3× “His arguments that the Superior Court erred in denying his § 12-19-18 motion to quash and terminate and in finding that he violated his probation rely only on state law cases, none of which address constitutional claims.”
R.I. Gen. Laws § 12-19-18(b): 2 cases
State v. Robert Beaudoin, 137 A.3d 717 (R.I. 2016).
“General Laws 1956 § 12-19-18 was amended by the General Assembly in 2010, see P.”
Hazard v. State of Rhode Island (D.R.I. 2021).
“His arguments that the Superior Court erred in denying his § 12-19-18 motion to quash and terminate and in finding that he violated his probation rely only on state law cases, none of which address constitutional claims.”
R.I. Gen. Laws § 12-19-18(b)(1): 1 case
Hazard v. State of Rhode Island (D.R.I. 2021).
“His arguments that the Superior Court erred in denying his § 12-19-18 motion to quash and terminate and in finding that he violated his probation rely only on state law cases, none of which address constitutional claims.”
R.I. Gen. Laws § 12-19-18(c): 2 cases
State v. Robert Beaudoin, 137 A.3d 717 (R.I. 2016).
“General Laws 1956 § 12-19-18 was amended by the General Assembly in 2010, see P.”
State v. Harry W. Brown, 140 A.3d 768 (R.I. 2016).
“”); see also G.L. 1956 § 12-19-18(c) (recognizing “the ability of the court to revoke a suspended sentence or probationary period for an allegation of conduct that does not rise to the level of criminal conduct”); see, e.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.