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Republic of the Marshall Islands v Levai [2006] MHHC 2; Criminal Case 2006-022 (1 June 2006)

IN THE HIGH COURT OF THE
REPUBLIC OF THE MARSHALL ISLANDS

CRIMINAL CASE NO. 2006-022

REPUBLIC OF THE MARSHALL ISLANDS

v

RESS LEVAI
(Defendant)

APPEARANCES: Assistant Attorney-General Dixie Lomae, prosecutor
Chief Public Defender Lionel Aingimea, counsel for the defendant
Defendant Ress Levai
Public Defender Translator Benjamin Kiluwe

JUDGE: Chief Justice Carl B. Ingram
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 Ress Levai with the following: Count 1, Escape, in violation of 31 MIRC 127.

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. the defendant is sentenced to two years imprisonment commencing from the expiration of his sentence in Cr. Case No. 2003-020 for Voluntary Manslaughter, which sentence is due to expire 5:00p.m. September 26, 2014, (i.e., from September 26, 2014, to September 25, 2016).

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 sentences the defendant to two years imprisonment commencing from the expiration of his sentence in Cr. Case No. 2003-020 for Voluntary Manslaughter, which sentence is due to expire 5:00 p.m. September 26, 2014, (i.e., from September 26, 2014, to September 25, 2016).

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. Ingrain
Chief Justice