The appellant appealed his conviction under the Safe Streets Act, section 3(2)(c) for soliciting at a public transit stop, and his sentence of 90 days imprisonment imposed on an ex parte trial.
The trial justice mischaracterized the evidence regarding the appellant's hand gestures (praying motion versus cupping motion) and failed to properly establish that the conduct occurred at a "public transit stop" as required by the statute.
The court found the evidence insufficient to prove guilt beyond a reasonable doubt and allowed the appeal, entering an acquittal.
The court also addressed sentencing principles applicable to ex parte trials, noting that the trial justice imposed a custodial sentence without justification beyond the prosecutor's position.
