Republic of the Marshall Islands v Boon [2006] MHHC 5; Criminal Case 2006-015 (23 May 2006)

IN THE HIGH COURT OF THE
REPUBLIC OF THE MARSHALL ISLANDS

Criminal Case 2006-015

REPUBLIC OF THE MARSHALL ISLANDS

v

VALENTINE BOON
Defendant

Appearances: Assistant Attorney General Whitlam Togame counsel for the Republic
Public Defender Russell Kun counsel for Defendant

Reporter/Clerk: Hemetline Kumtak

ORDER OF CONVICTION & SENTENCE

With respect to Defendant Valentine Boon this matter came before the Court on May 22, 2006 for a plea hearing.

Defense Counsel advised that, pursuant to Rule 11(c) Defendant wish to change his plea to guilty to Count 3 Unauthorized Use of a Motor Vehicle and Count 5 Drunk & Disorderly in return for a plea agreement between the Defense and the Republic in which the Republic would dismiss the counts of Robbery, Assault and Battery and Petit Larceny.

The terms of the plea agreement are as follows:

1. Defendant pleads guilty to Count 3 Unauthorized Use of a Motor Vehicle and Count 5 Drunk & Disorderly.

2. Defendant is sentenced to 6 months in Majuro Jail which is suspended for a period of 6 months.

3. Defendant shall be on probation for a period of 6 months.

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.

4. There is a factual basis for the plea.

The Court therefore ORDERS:

1. Defendant is guilty of Count 3 Unauthorized Use of a Motor Vehicle and Counts 5 Drunk & Disorderly.

2. Defendant is sentenced to 6 months in Majuro Jail which is suspended for a period of 6 months.

3. Defendant shall be on probation for a period of 6 months.

Dated May 23, 2006

Richard Hickson
Associate Justice