OPINION
PER CURIAM.
In the middle of presenting its case during a jury-waived rape trial, the prosecution advised the trial justice and defense counsel that it was prepared to reduce the first-degree sexual assault charge against the defendant, David Lessard, to a second-degree charge, allow the defendant to plead nolo contendere, and recommend a sentence with no incarceration. The trial justice expressed surprise at this development and remarked that, based...
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