Latest Case: In re Joseph I. Lamontagne (Criminal Law)

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In re Joseph I. Lamontagne

Docket: 18-290

Opinion Date: June 5, 2020

Judge: Gilbert V. Indeglia

Areas of Law: Criminal Law

The Supreme Court affirmed in part and reversed in part the order of the superior court adjudicating Defendant to be in criminal contempt, holding that the trial justice's two-year consecutive sentence was clearly beyond the six-month maximum. Defendant was convicted for first-degree robbery and assault with a dangerous weapon in a dwelling. At sentencing, the trial justice deviated from the sentencing benchmarks and sentenced Defendant to thirty-five years' incarceration. When Defendant acted out in the presence of the court, the trial justice found Defendant in contempt of court. The trial justice sentenced Defendant to an additional two years' incarceration for criminal contempt, to be served consecutively with his sentence to serve on the underlying charges. The Supreme Court affirmed in part and reversed in part, holding (1) the trial justice was clearly within her authority in adjudicating Defendant in criminal contempt; but (2) Defendant's sentence for contempt was unlawful.