Appeal from Superior Court. Newport County. (N2/02-502A). Judge Stephen P. Nugent
O R D E R
The defendant, Thaddeus Tolbert, appeals from a judgment of the Superior Court that found him in violation of the terms of his probation and imposed on him two years to serve in the Adult Correctional Institutions.
On September 4, 2002, Tolbert was sentenced to three years, one to serve, the remaining two suspended, with two years probation, following his third conviction on charges of domestic assault and battery. He was presented before the Superior Court as a violator pursuant to Rule 32(f) of the Superior Court Rules of Criminal Procedure on May 31, 2005.
At the violation hearing, which was conducted on June 14 and June 21, 2005, evidence was presented through several witnesses that, in the early morning of May 31, 2005, Tolbert went to the apartment of his girlfriend, Melissa Coite, kicked through the door to gain entry, and went upstairs. A witness, Tiffany Walaski, testified that when defendant discovered that Coite was not at home, Tolbert instructed her to "tell Melissa and her mother that I am going to * * * kill them." Walaski further testified that defendant kicked a table, punched the television, and, after she ...