State v. Francisco Pacheco

OPINION

Justice Goldberg,

for the Court.

This case came before the Supreme Court on March 9, 2017, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. In 2014, the defendant, Francisco Pacheco (Pacheco or defendant), was before this Court on appeal from a judgment of conviction in the Superior Court; the basis of this appeal was that the doctrine of collateral estoppel should have barred the state from prosecuting a chemical breath test refusal under G.L. 1956 § 31-27-2.1. After the initial oral argument, on…