State v. Conti
| Decision Date | 20 March 1996 |
| Docket Number | No. 95-522-M,95-522-M |
| Citation | 672 A.2d 885 |
| Parties | STATE v. Albert A. CONTI. P. |
| Court | Rhode Island Supreme Court |
This matter came before this court on March 5, 1996, pursuant to an order directing the parties to appear and show cause why the issues raised in the petition for certiorari should not be summarily decided. The defendant, Albert A. Conti (Conti), seeks review of the District Court's finding that Conti violated the conditions of his probation by not adhering to the terms of a no-contact order.
On March 20, 1995, Conti was charged with stalking Lisa McWilliams (McWilliams). Conti subsequently pleaded nolo contendre to a charge of disorderly conduct. Conti was placed on probation for one year and was required to undergo mental-health counseling. Along with the probation order, the District Court judge issued a no-contact order which stated that Conti was enjoined and restrained from any contact with McWilliams. The no-contact order also provided that Conti "shall not harass, interfere with, molest, or threaten the victim in any manner."
On May 30, 1995, McWilliams complained to the Portsmouth police that Conti had violated the no-contact order on three separate occasions. Specifically, on May 23, 1995, Conti opened the door of the post office as McWilliams entered, saying, "Hi Lis," to which she "choked out a 'hi.' " The next day, May 24, 1995, McWilliams was driving when she noticed Conti's car approaching from the opposite direction. As the cars passed each other, McWilliams saw Conti wave at her. Six days later, on May 30, 1995, McWilliams entered the Portsmouth post office and observed Conti talking to a postal employee. Conti then stepped toward McWilliams, and said
On the basis of McWilliams's allegations, a criminal complaint was issued, charging Conti with three counts of violating G.L.1956 §§ 12-29-4 and 12-29-5. A probation-violation proceeding was thereafter commenced in the District Court on June 13, 1995. As a result of the hearing, the trial judge found that Conti had violated the terms of his probation and imposed on Conti a fine of $250 and a one-year probation. Another no-contact order was issued by the trial judge.
Conti thereafter filed a petition for writ of certiorari, which was granted by this court on December 21, 1995. Conti seeks review by this court of the District Court's decision. We note that transcripts of the District Court's hearing and a copy of its decision have not been provided to this court. Our review of the issue on certiorari is therefore limited to the record before us.
The threshold issue before this court is whether the incidents described by McWilliams are sufficient, as a matter of law, to constitute a violation of the no-contact order. After hearing the arguments of counsel and reviewing the memoranda submitted by the parties, we are of the...
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...violating a no-contact order consists of intentionally contacting a victim in contravention of such an order. See State v. Conti, 672 A.2d 885, 886 (R.I.1996) (per curiam) (stating that the defendant's conduct, which consisted of greeting the victim at the post office and while driving, did......
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