State v. Prout
Annotate this CaseIn 2006, Defendant was found guilty of breaking and entering, assault with a dangerous weapon, and simple assault. In 2012, while he was incarcerated, Defendant was involved in an altercation with a correctional officer. As a result, the state initiated probation-violation proceedings seeking to revoke the suspended portion of Defendant’s sentence for felony assault. The hearing justice ultimately found that Defendant was the aggressor in this case and that he had violated in the terms of his probation. The judge then ordered Defendant to serve the entirety of his thirteen-year suspended sentence. The Supreme Court affirmed the adjudication of probation violation, holding that the hearing justice acted neither arbitrarily nor capriciously by finding a violation on the basis of the evidence presented by the state.
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