Previous Story
High Court reinstates criminal convictions
|
Posted on Aug 27 2008
The Commonwealth Supreme Court has affirmed a decision by the Superior Court reinstating Carlito E. Eguia’s convictions for criminal mischief and assault and battery.
Eguia had requested that his convictions be vacated under 6 CMC § 4113, which allows convictions to be purged from an individual’s record after he or she successfully completes his or her sentence. The Superior Court agreed to the request, but reversed its decision and reinstated the convictions upon a motion by the Attorney General’s Office. The AGO argued that the convictions were controlled by 6 CMC § 4105, which did not allow them to be purged from a criminal record after the successful completion of sentence. Based on this argument, the Superior Court reinstated the convictions.
The Supreme Court found that the sentencing orders did not specifically mention or even allude to 6 CMC § 4113. In previous cases, the Supreme Court held that in order for 6 CMC § 4113 to apply, it must be specifically mentioned in a plea agreement or sentencing order. If it is not mentioned, then 6 CMC § 4105 will control.
Eguia also argued that the reinstatement of his convictions after the Superior Court vacated them amounted to a violation of his double jeopardy rights. The Supreme Court held that Eguia’s double jeopardy rights were not violated because the Superior Court merely corrected an error in handling his sentence.
The Supreme Court panel that decided the case consisted of Chief Justice Miguel S. Demapan, Associate Justice Alexandro C. Castro, and Associate Justice John A. Manglona. [B][I](PR)[/I][/B]
