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STATE v. BERGEVINE

No. 2007-13-C.A.

942 A.2d 974 (2008)

STATE v. John BERGEVINE.

Supreme Court of Rhode Island.

March 14, 2008.

Attorney(s) appearing for the Case

Craig Montecalvo, Esq., Smithfield, for State.

Mark Smith, Esq., North Smithfield, for Defendant.

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

OPINION

Justice SUTTELL, for the Court.

A father unexpectedly returned home to discover his neighbor performing depraved and loathsome acts upon his seventeen-month-old daughter. Exercising remarkable restraint in light of his expertise in the martial arts, the father resisted any impulse to do physical harm and called 911 instead. The neighbor, John Bergevine (defendant), now appeals from his conviction by a jury of one count of first-degree child molestation...

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