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State v. Otero1/24/2002
Maritza Alvarez, defendant's ex-wife, had been dating Lara for more than a year at the time of the shooting. At trial, she testified that defendant and Lara did not get along and that defendant had threatened to kill Lara. At the close of the state's case, defendant moved for a judgment of acquittal that was denied.
The defendant testified in his own defense. He admitted that he and Lara had argued on the day of the shooting, but insisted that he went to Edward's to play pool, not to confront Lara. He also admitted that he drank whiskey before arriving at Edward's, and hospital records revealed that defendant's blood alcohol level after the shooting was 0.17, a level in excess of the legal limit of 0.10 for operating a motor vehicle. According to defendant, Lara approached him in the bar, hit defendant with a beer bottle, and reached under his shirt for a gun. The defendant testified that he tried to grab the gun from Lara and shot him in the ensuing struggle. The defendant's girlfriend at the time of the shooting, Elizabeth Gomez, and a local business owner, Leonidas Medina (Medina), both testified that, in the past, Lara had threatened defendant with physical violence or death.
After closing arguments, the trial justice instructed the jury in respect to the gun charge, including instructions on active and constructive possession, and on the murder charge, including instructions on first-and second-degree murder, diminished capacity, and self-defense. The jury found defendant guilty of first-degree murder and carrying a pistol without a license, and the trial justice reaffirmed his denial of defendant's motion for a judgment of acquittal. The defendant's motion for a new trial was denied, and he was sentenced to the mandatory term of life imprisonment on the murder charge, and to a suspended ten-year sentence on the gun charge, with ten years' probation to run consecutively to the sentence on the murder charge and to commence if defendant is released from his life sentence. This appeal followed. Additional facts will be developed as required in discussing the issues on appeal.
Motion for a New Trial
On appeal, defendant argued that the trial justice erred in denying his motion for a new trial on the grounds that the evidence presented by the prosecution was not legally sufficient to establish defendant's guilt beyond a reasonable doubt. The defendant asked this Court to order a new trial or, in the alternative, to remand the case with directions that the Superior Court enter a judgment of acquittal.
The standard to be applied in evaluating a motion for a new trial is well established. "In deciding a motion for a new trial, the trial justice acts as a thirteenth juror and exercises independent judgment on the credibility of witnesses and on the weight of the evidence." State v. Banach, 648 A.2d 1363, 1367 (R.I. 1994) (citing State v. Marini, 638 A.2d 507, 515 (R.I. 1994)). If, after conducting this independent review, the trial justice agrees with the jury's verdict or if the evidence is such that reasonable minds could differ as to the outcome, the motion for a new trial should be denied. Marini, 638 A.2d at 515-16; State v. Clark, 603 A.2d 1094, 1096 (R.I. 1992). If, however, "the trial justice finds that the state has failed to sustain its burden of proof, a new trial must be ordered." Clark, 603 A.2d at 1096. In enunciating a ruling on a new-trial motion, "the trial justice need not refer to all the evidence supporting the decision but need only cite evidence sufficient to allow this court to discern whether the justice has applied the appropriate standards." Banach, 648 A.2d at 1367. If this Court determines that "the trial justice has complied wit
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