Broccoli v. Kindelan
| Decision Date | 09 June 1952 |
| Parties | BROCCOLI v. KINDELAN, Warden. 102. |
| Court | Rhode Island Supreme Court |
John H. DiStefano, Providence, for petitioner.
William E. Powers, Atty. Gen., and Francis J. Fazzano, Asst. Atty. Gen., for the Warden.
This petition for a writ of habeas corpus was brought by Stephen Broccoli, who is held in custody by the respondent warden pursuant to a sentence of seven years imposed May 12, 1952 by the superior court in State v. Stephen Broccoli, Indictment No. 1134. Such indictment originally charged the defendant, petitioner here, with committing the crime of robbery. Later, in consideration of the attorney general's reducing the charge to larceny from the person, petitioner, who was represented by counsel, voluntarily waived trial on the reduced charge, pleaded nolo contendere thereto, and on May 14, 1948 signed a written deferred sentence agreement. That agreement reads as follows:
'It is hereby agreed that sentence may be deferred on the within entitled indictment,--warrant,--upon payment of all costs, during the good behavior of the defendant, and so long as the Attorney General is satisfied that the defendant has broken none of the criminal laws of this State, since the date of this agreement.
(signed) Francis J. Fazzano
Ass't Attorney General.
Thereupon the court, on the recommendation of the attorney general, granted a deferred sentence in accordance with the established practice.
Subsequently, while the deferred sentence agreement was in effect, petitioner became involved in a police investigation resulting in another complaint charging that on a certain date he did interfere with, hinder and obstruct a Rhode Island state police officer. After arraignment thereon in the eighth district court he was brought on a capias to the superior court where the attorney general, on the ground that petitioner had breached his agreement, moved for sentence on the original indictment as reduced. After a partial hearing the court postponed final action until all pertinent facts were available, including the determination by the district court of petitioner's motion to quash the new complaint. The petitioner was notified by the superior court, however, that while the disposition of the new complaint would be another fact for consideration it would not necessarily be controlling.
After such complaint was quashed as to petitioner, he was again brought before the superior court and a further hearing was held on the question of his deferred sentence. In that court he admittedly was given full opportunity to be heard both through the testimony of himself and his companions and by arguments of counsel. The court, after considering all the facts, circumstances and arguments, concluded that petitioner had in fact violated the terms of the deferred sentence agreement and imposed a sentence of seven years on the original indictment as reduced.
The instant petition includes certain allegations that petitioner was denied due process or certain fundamental rights under the United States constitution. However, no serious argument has been made thereon, evidently because the following facts are undisputed: That at the time of his arraignment on the original indictment, and all all times thereafter, he had the benefit of able counsel, who were experienced in criminal law and procedures; that according to petitioner's record he had been before the court previously on several occasions and was therefore acquainted with the practice as to a deferred sentence; that having induced the attorney general to reduce the charge from robbery to that of larceny from the person which carried a considerably lesser penalty, he thereupon in open court expressly, voluntarily and understandingly waived trial upon the reduced charge, pleaded nolo contendere thereto, and signed the above-quoted deferred sentence agreement with the attorney general.
In such circumstances, even if his counsel had so argued, it is obvious that petitioner was not deprived of due process or of any fundamental right under the United States constitution. Basically the gist of the argument for petitioner here involves questions determinable entirely under our state practice in criminal matters and the facts of record or within the court's judicial knowledge.
It is not contended that the superior court was without power to fix any number of conditions when granting a deferred sentence. But it is argued that the court, by accepting the recommendation of the attorney general without specifically imposing other or additional conditions, was bound by petitioner's agreement with him; that such agreement precludes the right of the court to later impose sentence thereon unless and until petitioner is found to have personally violated some particular criminal law; that there was evidence of mere association with other persons who had criminal records but none of any personal violation of law; and that the action of the court was therefore illegal and arbitrary.
Assuming without deciding that the superior court was limited by the conditions of the deferred sentence agreement, petitioner's arguments involve at least a two-fold fallacy. First, as a basic premise he assumes an interpretation of the agreement which contradicts its express terms, ignores its purpose, and is inconsistent with the long-established and well-known practice in such matters in this state; and secondly, from such erroneous assumption he then argues that there was no evidence to justify the court's conclusion that petitioner had not in good faith lived up to all the conditions upon which he induced the attorney general to recommend and the court to defer sentence on said indictment.
The deferred sentence agreement, as its terms clearly show, contains three express conditions and not one as apparently urged by petitioner. The first as to costs is not important here. The second condition, which required continuing good behavior on his part, and the third, which related to his nonviolation of the criminal laws, are broad, express and unambiguous. They leave no room for the construction assumed by petitioner which would require that before the attorney general could question the conduct of a defendant was was under a deferred sentence and before the court could impose sentence thereunder, it must...
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Flint v. Mullen
...not because the question has remained at large. * * * * * * Again in Charest v. Howard, R.I., 285 A.2d 381 (1972) and Broccoli v. Kindelan, 80 R.I. 436, 98 A.2d 67 (1952), we held that whereas a jury must be convinced beyond a reasonable doubt in order to convict, the decision of a revoking......
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Flint v. Howard
...unlike a jury verdict, can be supported by hearsay evidence. Again in Charest v. Howard, R.I., 285 A.2d 381 (1972) and Broccoli v. Kindelan, 80 R.I. 436, 98 A.2d 67 (1952), we held that whereas a jury must be convinced beyond a reasonable doubt in order to convict, the decision of a revokin......
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State v. Bettencourt
...R.I. 371, 378, 285 A.2d 395, 399 (1972); Walker v. Langlois, 104 R.I. 274, 282-283, 243 A.2d 733, 737-738 (1968); Broccoli v. Kindelan, 80 R.I. 436, 443, 98 A.2d 67, 71 (1952).4 See, however, American Bar Association Project on Standards for Criminal Justice, Standards Relating to Probation......
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Tillinghast v. Howard, 1311-M
...and Walker v. Langlois, supra. This is not to say though that probation may be revoked arbitrarily or capriciously. Broccoli v. Kindelan, 80 R.I. 436, 98 A.2d 67 (1952). There must be a hearing at which petitioner is entitled to be represented by counsel, present witnesses, and question his......