State v. Delvalle, 02-0211 (2003)

DECISION

Before this Court is a motion to dismiss an indictment pursuant to Rule 12 of the Superior Court Rules of Criminal Procedure. Onix Delvalle (Defendant) seeks to dismiss the January 18, 2002 grand jury indictment charging him with first degree sexual assault and conspiracy to commit first degree sexual assault. The Defendant based this motion on the State's failure to present exculpatory evidence to the grand jury and other irregularities that occurred during the grand jury proceedings. The State objects to the Defendant's motion as untimely and on its merits.

FACTS

A Providence County…