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Republic of the Marshall Islands v John [2007] MHHC 1; Criminal Case 2006-064 (28 February 2007)

IN THE HIGH COURT OF THE
REPUBLIC OF THE MARSHALL ISLANDS

Criminal Case 2006-064

REPUBLIC OF THE MARSHALL ISLANDS

v

ANTHONY JOHN
(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 & SENTENCE

With respect to Defendant Anthony John this matter came before the Court on February 28^th, 2007 for hearing.

Defense Counsel advised that, pursuant to Rule 11(c) Defendant wish to change his plea to guilty to Counts 1 Unlawful Possession of a Firearm 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 Unlawful Possession of a Firearm.

2. Defendant is sentenced to a fine of $1000.00.

3. The $500.00 of the fine is suspended pursuant to 31 MIRC §190 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.

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 is guilty to Count 1 Unlawful Possession of a Firearm.

2. Defendant is sentenced to a fine of $1000.00.

3. $500.00 of the fine is suspended pursuant to 31 MIRC §190 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.

Dated February 28, 2007

Richard Hickson
Associate Justice