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Republic of the Marshall Island v Kelibar [2006] MHHC 12; Criminal Case 2006-024 (1 June 2006)

IN THE HIGH COURT OF THE
REPUBLIC OF THE MARSHALL ISLANDS

CRIMINAL CASE NO. 2006-024

REPUBLIC OF THE MARSHALL ISLANDS

v

KIMO KELIBAR
(Defendant)

APPEARANCES: Assistant Attorney-General Dixie Lomae, Prosecutor
Chief Public Defender Lionel Aingimea, counsel for the defendant
Defendant Kimo Kelibar

JUDGE: Chief Justice Carl B. Ingrain
CLERK/REPORTER: Assistant Clerk of the Courts Hemetlynn Kumtak

ORDER OF CONVICTION AND SENTENCE

On June 1, 2006, this matter came before the Court on the Republic's April 12, 2006 Criminal Information charging the defendant Kimo Kelibar with the following: Count 1, Escape in violation of 31 MIRC 127, and Count 2, Malicious Mischief, in violation of 31 MIRC 144.

Defense counsel and counsel for the Republic advised the Court that the defendant wished to plead guilty to Count 1, Escape, and the defendant did so plead under the following plea agreement between the Republic and the defendant:

1. the defendant pleads guilty to Count 1, Escape; and

2. Count 2, Malicious Mischief is dismissed; and

3. the defendant is sentenced to two years imprisonment commencing from the expiration of his sentences in Cr. Case No. 2004-038 and Cr. Case No. 2005-004 for Murder in the First Degree and Escape, which sentences are due to expire September 29, 2019, (i.e., from September 29, 2019, to September 28, 2021).

The Court reviewed the Plea form in open court with the defendant; the defendant confirmed his plea of guilty to Count 1, Escape; and counsel confirmed their concurrence with the plea agreement. The Court afforded the defendant an opportunity to speak prior to sentencing; however, the defendant declined.

Having considered the above, the Court made 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 a factual basis for the plea of guilty to Count 1, Escape.

The defendant having entered a plea of guilty to Count 1, Escape, 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 guilty and convicted of Count 1, Escape. Pursuant to the plea agreement, the Court dismisses Count 2, Malicious Mischief, and sentences the defendant to two years imprisonment commencing from the expiration of his sentences in Cr. Case No. 2004-038, Cr. Case No. 2005-004 for Murder in the First Degree and Escape, which, subject to amendment, are due to expire September 29, 2019, (i.e., from September 29, 2019, to September 28, 2021).

The Court's purpose in giving this sentence is to discourage the defendant from committing escape.

The defendant waived his right to appeal errors to the Supreme Court, except that his right to appeal is preserved as to ineffectiveness or inadequacy of counsel and sentencing errors. If the defendant cannot afford the costs of the appeal, he may petition the Court to appeal in forma pauperis. Also, the defendant has the right to have an attorney represent him during the appeal process. If the defendant cannot afford an attorney, the Court will order that one be provided to him at no cost. If the defendant wishes to appeal, he must file a notice of appeal with the Court within 30 days of the date hereof.

The Court orders the Clerk of the Courts to serve copies of this Order of Conviction and Sentence on counsel for the parties, the defendant, and the Superintendent of Prisons.

Date: June 1, 2006.

Carl B. Ingram
Chief Justice