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Republic of the Marshall Islands v Ati [2005] MHHC 8; Criminal Case E2004-007 (30 March 2005)

IN THE HIGH COURT OF THE
REPUBLIC OF THE MARSHALL ISLANDS

Criminal Case E2004-007

REPUBLIC OF MARSHALL ISLANDS

v

Clan Ati
Defendant

AMENDED CONVICTION AND SENTENCE

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

Clerk: Esther Edmond
Reporter: Sepe Joash

With respect to Defendant Clan Ati this matter came before the Court on Wednesday March 30, 2005 on Republic's motion to revoke the suspension of sentence pursuant to section 189 of the Criminal Code.

November 29, 2004 Defendant had plead guilty to possession of a narcotic drug in violation of section 903(a) of the Narcotic Drugs (Prohibition and Control), specifically less than ¼ an ounce of cocaine in violation of section 909(a).

Defendant had previously been sentenced as follows:

1. 10 years in Majuro Jail with credit for time served.

2. Serve 3 years.

3. Execution of 7 years of the sentence was suspended pursuant to 31 MIRC §189, during which time the Defendant shall be on probation. The probation shall extend 3 years.

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

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

6. Defendant may be released on probation July 6, 2007.

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

As the Defendant has today pled guilty to escape and been sentenced to 3 months in jail in Criminal Case 2005-006, the Court is required to re-visit the suspended sentence.

The Republic submits that the period of suspended sentence should be reduced to require the Defendant to serve and additional year in jail. There was no submission from counsel for the Defense.

Therefore the sentence is amended as follows:

1. Defendant is required to serve an additional year and three months in Majuro Jail making his release date October 6, 2008.

Dated March 30, 2005

Richard Hickson

Associate Justice