State v. Samnang Tep

OPINION

Justice INDEGLIA,

for the Court.

The defendant, Samnang Tep, appeals from a Superior Court judgment of conviction on two counts of assault with a dangerous weapon and one count of discharging a firearm while committing a crime of violence. On appeal, Tep contends that the trial justice abused his discretion when he (1) admitted into evidence a prejudicial hearsay statement as an excited utterance; and (2) allowed a lay witness to testify as to Tep’s mental state at the time of the alleged shooting. Tep’s appeal came before the Supreme Court on September 20, 2012, pursuant to an order…