Republic of the Marshall Islands v Ati [2005] MHHC 17; Criminal Case 2005-006 (30 March 2005)

IN THE HIGH COURT OF THE
REPUBLIC OF THE MARSHALL ISLANDS

Criminal Case 2005-006

REPUBLIC OF THE MARSHALL ISLANDS

v

CLAN ATI
(Defendant)

Appearances: Assistant Attorney General Whitlam Togame counsel for the Republic
Public Defender Elsie Hudson counsel for Defendant

Clerk: Esther Edmond
Reporter: Sepe Joash

CONVICTION AND SENTENCE

With respect to Defendant Clan Ati this matter came before the Court on Wednesday March 30, 2005 for entry of a guilty plea and consideration of a stipulated sentence agreement pursuant to rule 119(c).

Defendant was charged with Escape in violation of 31 MIRC 127. He was in custody after pleading guilty in criminal case E2004-007.

After questioning the Defendant and both counsel the Court makes the following findings:

1. The Defendant understands and knowingly and intelligently waives his right to trial.

2. The Defendant's plea of guilty is voluntarily made.

3. The Defendant understands the consequences of his plea and it is made after he has been provided with effective legal counsel. This includes an understanding that conviction will affect his sentence in criminal case E2004-005 as required by criminal code section 189.

4. There is a factual basis for the plea.

The Court therefore ORDERS:

1. Defendant pleads guilty to escape.

2. Defendant is sentenced to 3 months in Majuro Jail in addition to any other sentence.

3. During the period of probation the Defendant shall obey all laws of the Republic, refrain from consuming alcohol and remain in Majuro.

4. Defendant is to under go a drug rehabilitation program during his time in custody if it is available.

5. Defendant may be released on probation October 6, 2008.

6. Defendant shall remain on probation until July 6, 2010.

Dated March 30, 2005

Richard Hickson
Associate Justice