State v. Garcia, P3/96-3559a (1998)

DECISION ON MOTION TO DISMISS

The matter now before this Court is the state's motion for dismissal of the defendant's appeal from a District Court finding of guilty on a complaint after trial charging the defendant with soliciting from a motor vehicle for indecent purposes, in violation of Rhode Island General Laws 1956 (1982 Reenactment) § 11-34-8.1. The state objects to the appeal based on the state's assertion that the defendant, who has been found guilty on a petty misdemeanor charge in the District Court, is not entitled to a de novo jury trial before this Court. The state objects to the…