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CNMI high court affirms trial court’s decision to deny Val Hocog’s motion
On Dec. 21, 2017, the NMI Supreme Court issued its opinion in Commonwealth of the Northern Mariana Islands v. Victor Val B. Hocog, 2017 MP 15.
Oral arguments in this matter were held at Kagman High School on Feb. 13, 2017. The high court affirmed the trial court’s order to deny Victor Val B. Hocog’s motion to reconsider.
Hocog pleaded guilty to illegal possession of a controlled substance. He agreed to 15 months imprisonment, a $2,000 fine, and 30 months rehabilitation. Hocog appealed his case past the filing deadline for the high court to review the trial court’s judgment of conviction and commitment order, but within the time to review the reconsideration order. He argued there was an abuse of discretion when the trial court ignored three errors noted in his motion to reconsider: (1) illegally imposing rehabilitation as a punishment, (2) violating the separation of powers guaranteed by the NMI Constitution, and (3) improperly interfering with plea negotiations.
The high court reviewed the trial court’s reconsideration order for abuse of discretion. It determined the trial court did not abuse its discretion in finding no clear error in its decision that rehabilitation was not an illegal provision. Rather, rehabilitation may be allowed as a condition of a plea agreement. The high court declined to review whether a defendant may be sentenced to rehabilitation under the statute because, rather than being sentenced, Hocog made a voluntary plea agreement. The high court also concluded there was no abuse of discretion in finding no clear error in its decision that Hocog’s sentence did not violate separation of powers principles. Hocog’s sentence did not limit the Legislature’s power to create punishments or expand the Office of Attorney General’s power to prosecute punishments. Finally, the high court determined the trial court was correct in its determination that it did not impermissibly participate in plea negotiations.
As a result, the high court affirmed the reconsideration order. The court’s full opinion is available at http://www.cnmilaw.org/supreme17.html
For further information, contact the Supreme Court at 236-9800. (PR)
