STATE v. MENARD

No. 2004-169-C.A.

888 A.2d 57 (2005)

STATE v. Thomas MENARD.

Supreme Court of Rhode Island.

December 27, 2005.


Attorney(s) appearing for the Case

Jane M. McSoley, Providence, for Plaintiff.

Todd S. Dion, for Defendant.

Present: WILLIAMS, C.J., GOLDBERG, FLAHERTY, SUTTELL, and ROBINSON, JJ.


OPINION

Chief Justice WILLIAMS, for the Court.

The state appeals a Superior Court grant of a motion to dismiss a criminal charge in favor of the defendant, Thomas Menard (defendant), for lack of probable cause to prosecute. The trial justice found that the defendant's prior conviction for arson in Arizona could not qualify as a predicate "crime of violence" to bring the defendant within the ambit of G.L.1956 § 11-47-5, which proscribes the possession...

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