State v. Tavares

OPINION

The defendant, Joseph Tavares, Jr. (Ta-vares or defendant), appeals from a Superior Court judgment executing his previously suspended five-year sentence for failure to pay restitution. We directed both parties to appear before this Court and show cause why the issues raised in this appeal should not summarily be decided. No such cause having been shown, we proceed to decide the appeal at this time. We sustain the appeal and reverse the judgment.

Facts and Travel

The history of this case is long and tortuous. On September 14, 1993, Tavares entered a plea of nolo contendré to a charge of…