The Court holds that a trial judge, as the trier of fact in a bench trial, may find one set of witnesses more credible even if a greater number of witnesses testify to a different set of facts. The Court further holds that a trial judge's off-the-cuff remarks, oral misstatements, or purportedly erroneous evidentiary decisions cannot form the basis for reversal of a verdict in a bench trial when the record otherwise reflects that the judge applied the correct legal standard and did not consider the purportedly inadmissible evidence when rendering its decision. Finally, the Court finds that a sentence imposing a combined period of incarceration of probation that exceeds the maximum period of incarceration authorized by law is an illegal split sentence and constitutes a plain error that the Court may correct sua sponte.
Supreme Court Of The Virgin Islands