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High court vacates sentence and remands case for resentencing
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Posted on Dec 20 2018
The CNMI Supreme Court vacated Sonny Babauta’s 21-year sentence for burglary yesterday and remanded his case to the Superior Court for resentencing.
In its opinion in Commonwealth v. Sonny Babauta, the high court directed Superior Court Presiding Judge Roberto Naraja to assign the case to a different judge, who will resentence Babauta.
Babauta was originally sentenced to 21 years in prison, with 16 years suspended, without the possibility of parole.
In 2012, Babauta and three others entered a warehouse and took property worth $4,230. At trial, the jury convicted Babauta of two counts of burglary, two counts of conspiracy to commit burglary, two counts of theft, and two counts of conspiracy to commit theft.
The Supreme Court reviewed Babauta’s sentence. In his appeal, Babauta claimed: 1) the trial court did not properly individualize his sentence; 2) the trial court improperly restricted his parole eligibility; and 3) his case should be remanded to a different judge for resentencing.
The Supreme Court found Babauta’s sentencing order resembled the sentencing order in Commonwealth v. Lizama.
Just as in Lizama, the high court found the sentencing decision, including the trial court’s justification restricting parole, was not properly tailored to Babauta’s individual circumstances. Therefore, the high court held the sentencing decision was improper and vacated Babauta’s sentence.
Although remanding to a different judge for resentencing is warranted only under unusual circumstances, the Supreme Court found it proper to do so. It noted the trial court’s reasoning that Babauta’s lack of a prior criminal record justified a longer sentence demonstrated an inability to remain impartial. Thus, remand to a different judge for resentencing was proper.
The full opinion is available at http://www.cnmilaw.org/supreme18.html. (PR)
