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Republic of the Marshall Islands v Reiher [2006] MHHC 8; Criminal Case No 2006-004 (10 March 2006)

IN THE HIGH COURT OF THE
REPUBLIC OF THE MARSHALL ISLANDS

CRIMINAL CASE NO. 2006-004

REPUBLIC OF THE MARSHALL ISLANDS

v

RINE REIHER
(Defendant)

APPEARANCES: Assistant Attorney-General Dixie Lomae, prosecutor
Assistant Public Defender Russell Kun, counsel for the defendant
Defendant Rine Reiher

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

JUDGMENT AND SENTENCING ORDER

On March 2, 2006, this matter came before the Court for trial on the Republic's January 18, 2006 Criminal Information charging the defendant Rine Reiher with the following: Count 1, Forgery, in violation of 31 MIRC 130; and Count 2, Forgery, in violation of 31 MIRC 130. The defendant plead not guilty to both counts. After considering the evidence presented and counsel's argument, it is the finding of the Court that the defendant Rine Reiher is guilty of both counts of forgery and the Court convicts the defendant of the two counts of forgery.

On March 10, 2006, this mater came before the Court for sentencing. In sentencing the defendant, the Court has considered the following: the Court's file in this matter; the Republic's March 8, 2006 Sentencing Recommendation; the defendant's March 7, 2006 Sentencing Recommendation; the evidence admitted at trial; the defendant's lack of any prior criminal own three-year-old child and her ailing mother; the defendant's admission of guilt, acceptance of responsibility, and expression of remorse at the sentencing hearing; and that the maximum term of imprisonment for forgery is five years.

Pursuant to Part XXIX of the Criminal Code, 31 MIRC Chp. 1, and MIRCrP Rule 32, it is the sentence of the Court that the defendant be imprisoned in the Majuro Jail for two years on Count l, Forgery, and two years on Count 2, Forgery, to runs concurrently, all of which is suspended pursuant to 31 MIRC 189 for five years commencing March 10, 2006, and ending March 9, 2011, under the following conditions:

(1) that the defendant keep the peace and be of good behavior obeying all national laws and local government ordinances,

(2) that the defendant not leave Majuro, except of the permission of the Court; and

(3) that the defendant comply with all Court orders, including the restitution order set forth below.

The defendant's failure to comply with any term of suspension may result in the revocation of the suspension and in the incarceration of the defendant in the Majuro Jail for two years.

Further, it is the sentence of the Court that the defendant pay restitution to the Janes Corporation in the amount of $275 on or before September 1, 2006.

The Court's purpose in giving this sentence is as follows: (1) to discourage the defendant from ever committing theft again; (2) to discourage other residents of the Republic from committing theft; (3) to confirm that the commission of theft is not acceptable in the Republic; (4) to encourage the defendant to change her behavior; and (5) to vindicate the victim's rights.

The defendant has the right to appeal the High Court's order to the Supreme Court. If the defendant cannot afford the costs of the appeal, she may petition the Court to appeal in forma pauperis. Also, the defendant has the right to have an attorney represent her during the appeal process. If the defendant cannot afford an attorney, the Court will order that one be provided to her at no cost. If the defendant wishes to appeal, she must file a notice of appeal with the Court within 30 days of the date hereof.

Copies of this Judgment and Sentencing Order shall be served on counsel for the parties, the defendant, and the Superintendent of Prisons.

Date: March 10, 2006.

Carl B. Ingram
Chief Justice