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NMI Supreme Court affirms man’s 5-year sentence
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Posted on Dec 17 2019
The Supreme Court affirmed Friday the five-year sentence the CNMI Superior Court had imposed on Mariano Quitugua Falig Jr.
In its opinion in Commonwealth v. Mariano Quitugua Falig, Jr., the high court ruled that the five-year sentence against Falig is reasonable.
In 2016, Falig pleaded guilty to possession of methamphetamine and to violation of his probation conditions. The trial court sentenced him to five years, with one year of parole eligibility after four years served.
On appeal, Falig argued: (1) the trial court mechanically imposed his sentence; and (2) the trial court failed to properly individualize his sentence. Based on these reasons, he asked the Supreme Court to vacate his sentence and return his case to the trial court to be sentenced by a different judge.
The Supreme Court found that the court’s prior record of sentencing defendants for this type of crime, comments, and consideration of the presentencing report, the parties’ arguments, and Falig’s prior record did not indicate a mechanical sentencing policy. While the five-year sentence may be harsh, a reasonable person would hand down a similar sentence. The trial court gave particular attention to Falig’s criminal record and employment history, as well as the temporary restraining orders issued against him. These factors provided reasonable grounds to sentence Falig to the maximum sentence.
The high court’s full opinion is available at http://cnmilaw.org/pdf/supreme/2019-MP-11.pdf. (PR)
