Opinion
No. 80-61-C.A.
October 9, 1980.
Dennis J. Roberts II, Atty. Gen., Stephen Lichatin III, Sp. Asst. Atty. Gen., for plaintiff.
McKinnon Fortunato, Amy R. Tabor, Pawtucket, for defendant.
ORDER
This case came before the court on the state's petition for reargument. After hearing argument of counsel on October 8, 1980, the petition is denied.
In State v. O'Coin, R.I., 417 A.2d 310 (1980) we said a defendant wishing to challenge the constitution of a grand or petit jury must do so by filing a motion prior to trial pursuant to Super.R.Crim.P. 12(b)(2), (3) the provisions of which require that such a motion be made within twenty-one days after a plea is entered. In the event that such a motion is made prior to trial, but more than twenty-one days after a plea is entered, it is within the sound discretion of the trial justice to consider the motion if it is filed within a reasonable time after entrance of a plea.