State v. Heath

OPINION

This matter came before the Supreme Court pursuant to an order directing both parties to appear and show cause why the issues raised in this appeal should not be summarily decided. The defendant, David Heath, has appealed from a trial justice’s refusal to hear his motion for a new trial. After hearing oral argument and examining the memoranda submitted by the parties, we are of the opinion that cause has not been shown and that the issues should be decided at this time.

The defendant was charged with burglary in violation of G.L.1956 (1981 Reenactment) § 11-8-1. A trial was held in…