Teener asks Supreme Court to freeze sentence on DUI conviction

Raymond Blas—the teenager who was convicted of driving under the influence of alcohol and reckless driving in connection with a fatal vehicular mishap on the wee hours a day after last Christmas—is pinning his hopes on the Supreme Court, which could temporarily freeze the trial court ruling that directed him to go to jail beginning today.

Blas’ lawyer, Brien Sers Nicholas, asked the High Court to hold the 18 months imprisonment meted out on his 17-year-old client pending the determination on the teenager’s appeal to reverse his conviction and sentence.

As of Friday afternoon, though, the Supreme Court has yet to rule on the request for stay.

“Unless this Honorable Court allows a stay to take place, appellant [Blas] has no choice but to commence service of his jail time. The hardship, therefore, tips in favor of appellant in this case,” Sers Nicholas said.

A six-man jury acquitted Blas of vehicular homicide. Superior Court judge Juan T. Lizama, however, convicted Blas of reckless driving and DUI.

Lizama imposed a partially suspended five-year prison term on Blas, besides directing the defendant to pay fines of $1,000 for DUI and $100 for reckless driving. Of the prison term, 18 months were not suspended, based on Lizama’s ruling. The judge directed Blas to report to the Department of Corrections today.

The vehicular mishap Blas was involved in during the wee hours of Dec. 26, 2003 resulted in the death of a 13-year-old boy, who was among the defendant’s passengers on a pickup truck, which smashed a light post. CNMI prosecutor Grant Sanders earlier said the impact of the crash threw away the victim from the vehicle and fatally injured him.

Sers Nicholas is questioning Blas’ conviction on DUI and reckless driving before the Supreme Court.

“When the jury was instructed, the instruction included DUI or reckless driving as the two traffic offenses to be considered in this case,” Sers Nicholas said. “The jury, by finding appellant not guilty [of vehicular homicide], obviously found unanimously that appellant had not violated anything to do with traffic laws or regulations to begin with.”

“This is not a case where the jury heard and considered evidence to a particular offense that is separate and apart from that which is being considered by the trial court…. Given the inconsistent verdicts in this case, there are serious questions for which this Honorable Court should consider on appeal,” he told the Supreme Court.

Sers Nicholas said the request to temporarily freeze Blas’ sentence was filed with the Supreme Court, since the trial court earlier rejected his request for adequate time to prepare that request.

Considering that denial, it would be futile to pursue the request before the trial court, Sers Nicholas said.