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Republic of the Marshall Islands v Koreta [2006] MHHC 1; Criminal Case 2006-005 (30 January 2006)

IN THE HIGH COURT OF THE
REPUBLIC OF THE MARSHALL ISLANDS


Criminal Case 2006-005


REPUBLIC OF THE MARSHALL ISLANDS


v


WILSON KORETA
Defendant


Appearances: Assistant Attorney General Whitlam Togamae counsel for the Republic
Public Defender Lionel Aingimae counsel for Defendant


Clerk/Reporter: Ingrid Kabua


ORDER OF CONVICTION AND SENTENCE


With respect to Defendant Wilson Koreta this matter came before the Court on January 30th, 2006 for hearing.


Defense Counsel advised that, pursuant to Rule 11(c) Defendant wish to change his plea to guilty to Counts 1 Burglary 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 Count 1 Burglary.


2. Defendant is sentenced to 1 years in Majuro Jail.


3. The sentence is suspended pursuant to 31 MIRC §189 for a period of 6 months, during which time the Defendant shall be on probation. During the period of probation the Defendant shall obey all laws of the Republic.


4. Defendant shall perform 144 hours of community service at 24 hours a month at the direction of the Laura police.


5. Count 1 petit larceny is dismissed.


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 pleads guilty to Count 1 Burglary.


2. Defendant is sentenced to 1 years in Majuro Jail.


3. The sentence is suspended pursuant to 31 MIRC §189 for a period of 6 months, during which time the Defendant shall be on probation. During the period of probation the Defendant shall obey all laws of the Republic.


4. Defendant shall perform 144 hours of community service at 24 hours a month at the direction of the Laura police.


5. Count 1 petit larceny is dismissed.


Dated January 30, 2006


Richard Hickson
Associate Justice


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