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Republic of the Marshall Islands v Anrak [2005] MHHC 1; Criminal Case 2005-023 (16 June 2005)

IN THE HIGH COURT OF THE
REPUBLIC OF THE MARSHALL ISLANDS

Criminal Case 2005-023

REPUBLIC OF THE MARSHALL ISLANDS

v

RANNY ANRAK
Defendant

Counsel: W Togame counsel for Republic
L. Aingimea counsel for Defendant

Clerk: Esther Edmond
Reporter: Lena Tiobech

ORDER OF CONVICTION & SENTENCE

With respect to Defendant Ranny Anrak this matter came before the Court on Monday June 15, 2005 for a change of plea.

Defendant is charged with Count 12 counts of Grand Larceny 31 MIRC §137 and a2 counts 2 of Embezzlement 31 MIRC §139

Defense Counsel advised that, Pursuant to Rule 11(c) Defendant wish to change his earlier not guilty plea to guilty to all counts, in return for a plea agreement between the Defense and the Republic.

The terms of the plea agreement are as follows:

1. Defendant pleads guilty to 12 counts of grand larceny and 12 counts of embezzlement.

2. Defendant is sentenced to 3 years in Majuro Jail

3. The imposition of the sentence is suspended pursuant to 31 MIRC §190 for a period of 3years, during which time the Defendant shall be on probation. During the period of probation the Defendant shall obey all laws of the Republic, remain in Majuro, keep current with payment of restitution and his passport shall be retained by the High Court.

4. Defendant shall pay restitution in the amount of $110 bi weekly to the Embassy of Japan and 40.00 bi-weekly to RRE. The restitution must be paid to the clerk of court commencing June 24, 2005.

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 the 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 found guilty of 12 counts of grand larceny and 12 counts of embezzlement.

2. Defendant is sentenced to 3 years in Majuro Jail.

3. The imposition of the sentence is suspended pursuant to 31 MIRC § 190 for a period of 3 years, during which time the Defendant shall be on probation. During the period of probation the Defendant shall obey all laws of the Republic, remain in Majuro, keep current with payment of restitution and his passport shall be retained by the High Court.

4. Defendant shall pay restitution in the amount of $110 bi weekly to the Embassy of Japan and 40.00 bi-weekly to RRE. The restitution must be paid to the clerk of court commencing June 24, 2005.

5. Failure by defendant to meet any of the terms of his probation, upon showing of good cause, may result in imposition of the entire jail sentence.

Richard Hickson
Associate Justice

Dated June 16, 2005