Home | Databases | WorldLII | Search | Feedback High Court of the Marshall Islands

  Download original PDF

Republic of the Marshall Islands v Leban [2005] MHHC 11; Criminal Case 2005-001 (30 May 2005)

IN THE HIGH COURT OF THE
REPUBLIC OF THE MARSHALL ISLANDS

CRIMINAL CASE NO. 2005-001

REPUBLIC OF THE MARSHALL ISLANDS

v

NIROK LEBAN
(Defendant)

APPEARANCES: Assistant Attorney General Whitlam K. Togamae, prosecutor
MLSC attorney Talafou Manase, counsel for the defendant
Defendant Nirok Leban

CLERK: Ingrid Kabua
REPORTER: Lena Tiobech

ORDER OF CONVICTION AND SENTENCE

On May 27, 2005, this matter came before the Court on the Republic's January 7, 2005 Criminal Information charging the defendant Nirok Leban with Count 1, Burglary in violation of 31 MIRC Sec. 119, and Count 2, Grand Larceny in violation of 31 MIRC Sec. 137.

Defense counsel and the prosecutor advised the court that the defendant desired to change his plea from not guilty to guilty to Count 1, Burglary, and Count 2, Grand Larceny, under the following plea agreement between the Republic and the defendant:

1. the defendant pleas guilty to Count 1, Burglary, and Count 2, Grand Larceny;

2. the defendant, who currently is in the custody of the Superintendent of Prisons at the Majuro Jail, is sentenced to 6 months imprisonment at the jail, with credit for time served, to be released September 3, 2005. The defendant shall offer a traditional apology to the victim Pacific International Inc. ("PII") through either Jerry Kramer or Kenneth Kramer prior to September 3, 2005, and the defendant shall pay restitution to PII in the amount of $2,295.00, the cost of unrecovered paint. The defendant shall pay the restitution as follows: (a) while he is in prison and on work release, the defendant shall pay to the Clerk of the Courts immediately upon his receipt his biweekly gross pay less deductions for taxes; and (b) after he is released from prison, the defendant shall pay to the Clerk of the Courts immediately upon his receipt one half of his biweekly gross pay less deductions for taxes.

After reading the defendant's Entry of Plea or Change of Plea form and questioning the defendant, defense counsel and the prosecutor regarding the entry of the plea of guilty and the plea agreement, and after receiving confirmation from the prosecutor that he discussed the plea agreement with the victim, PII, the Court makes the following findings:

1. the defendant understands and knowingly and intelligently waives his trial rights;

2. the defendant's waivers and plea are freely and voluntarily made;

3. the defendant understands the consequences of the plea; and

4. there is factual basis for the plea.

The defendant was given an opportunity to make a statement prior to sentencing.

The defendant having entered a plea of guilty to Burglary and Grand Larceny knowingly and voluntarily, with full appreciation of the consequences of such plea and the rights waived, and the Court having found a factual basis for the plea, the defendant's plea of guilty is accepted and the defendant is found, adjudged, and convicted of Burglary and Grand Larceny. Pursuant to the plea agreement, the defendant is sentenced to 6 months imprisonment at the Majuro Jail, with credit for time served, to be released September 3, 2005. The Court orders the defendant to offer a traditional apology to the victim PII through either Jerry Kramer or Kenneth Kramer prior to September 3, 2005, and to pay restitution in the amount of $2,295.00, the cost of unrecovered paint. Further, the Court orders defendant to pay the restitution as follows: (a) while he is in prison and on work release, the defendant shall pay to the Clerk of the Courts immediately upon his receipt his biweekly gross pay less deductions for taxes; and (b) after he is released from prison, the defendant shall pay to the Clerk of the Courts immediately upon his receipt one half of his biweekly gross pay less deductions for taxes. With respect to said restitution, the Court orders the Clerk of the Courts to pay all amounts received over to PII as soon as practicable.

Date: May 30, 2005.

Carl B. Ingram
Chief Justice