R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 12-19.2-5 (2026)

Review of life sentence without parole

✓ current as of July 2026
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The defendant shall have the right to appeal a sentence of life imprisonment without parole to the supreme court of the state in accordance with the applicable rules of court. In considering an appeal of a sentence, the court, after review of the transcript of the proceedings below, may, in its discretion, ratify the imposition of the sentence of life imprisonment without parole or may reduce the sentence to life imprisonment.

Notes of Decisions
Cited in 19 cases, 1989–2013 · leading case: Page v. State, 995 A.2d 934 (R.I. 2010).
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Page v. State, 995 A.2d 934 (R.I. 2010). · cites it 26× “Page further alleged that his appellate counsel [17] had provided him with ineffective assistance because counsel had failed to argue on the direct appeal that, pursuant to G.L.1956 § 12-19.2-5, his client was entitled to a de novo review by this Court of the appropriateness (…”
State v. Day, 925 A.2d 962 (R.I. 2007). · cites it 8× “The defendant contends that the fact that G.L.1956 § 12-19.2-5 confers on this Court the right and duty to conduct a de novo review of sentences of life without parole 34 somehow exempts him from the requirement that he first file a Rule 35 motion.”
State v. Pacheco, 763 A.2d 971 (R.I. 2001). · cites it 8× “However, on an appeal from a sentence this Court pursuant to G.L.1956 § 12-19.2-5 reviews the imposition of the sentence de novo and is not bound by the findings of the jury or the trial justice as to the imposition of this extreme penalty.”
State v. Lopez, 45 A.3d 1 (R.I. 2012). · cites it 8× “" This Court has statutory authority to review and reduce sentences of life without parole on direct appeal pursuant to G.L.1956 § 12-19.2-5, which states: "The defendant shall have the right to appeal a sentence of life imprisonment without parole to the [S]upreme [C]ourt of…”
State v. Sifuentes, 996 A.2d 1130 (R.I. 2010). · cites it 20× “Citing the provisions of G.L.1956 § 12-19.2-5, Mr. Sifuentes requests that this Court (1) undertake a review of his sentence of life imprisonment without the possibility of parole and (2) modify his sentence so as to allow for the possibility of parole.”
State v. McManus, 941 A.2d 222 (R.I. 2008). · cites it 6× “I respectfully dissent only from that portion of the majority opinion affirming the sentence of life without the possibility of parole, pursuant to G.L.1956 § 12-19.2-5. *239 There is no doubt that this was a brutal murder for which this defendant justly was convicted of…”
State v. Brown, 898 A.2d 69 (R.I. 2006). · cites it 4× “The defendant now appeals that sentence to this Court in accordance with § 12-19.2-5, 13 and maintains that a life sentence without parole is inappropriate in this case.”
State v. Graham, 941 A.2d 848 (R.I. 2008). · cites it 3× “The defendant has appealed his sentence to this Court, in accordance with § 12-19.2-5. 18 He maintains that the sentence was not warranted because of his lack of a violent criminal past and the nature of the homicide.”
State v. Carpio, 43 A.3d 1 (R.I. 2012). · cites it 6× “Citing the provisions of G.L.1956 § 12-19.2-5, Carpió requests that this Court undertake a review of his sentence and reduce it accordingly.”
State Ex Rel. Franklin v. Mcbride, 701 S.E.2d 97 (W. Va. 2009). “Code § 29-28-03 (Lexis 2006); R.I. Gen. Laws § 12-19.2-5 (Lexis 2002); S.”
State v. Smith, 766 A.2d 913 (R.I. 2001). · cites it 2× “” Section 12-19.2-5. In making this determination, “we have the obligation to examine the record as the trial justice has done and to exercise our independent judgment in respect to the aggravating circumstances found by the jury and adopted by the trial justice and to consider…”
State v. Motyka, 893 A.2d 267 (R.I. 2006). · cites it 2× “This Court reviews an appeal from a sentence of life *288 imprisonment without the possibility of parole in accordance with the provisions of G.L.1956 § 12-19.2-5: “The defendant shall have the right to appeal a sentence of life imprisonment without parole to the supreme court…”
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