Vol. 35 No.30
       ©2007 Marianas Variety
Thursday, April 26, 2007 www.mvariety.com
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Appellate court upholds drug sentence

By Bernadette H. Carreon
Horizon news staff

The Supreme Court appellate division upheld the ruling involving a drug convict.
In the four-page opinion, the appellate court said that "in viewing the evidence in the light most favorable to the prosecution a reasonable trier of fact could have found the essential elements of the crime were established beyond a reasonable doubt. The minor discrepancies raised by Rekis Aichi are not cause to find any error in the findings made by the Trial Division,"
Aichi was earlier convicted of one count of trafficking in a controlled substance and he was sentenced to 25 years in jail and was ordered to pay a fine of $50,000. In his appeal Aichi argued that the claim of evidence presented at trial was not sufficient to convict him.
In the defendant’s appeal, Aichi raised three discrepancies in the handling of the plastic tube and argues that the evidence is insufficient to prove that the plastic tube taken from him on Peleleiu is the same plastic tube that was tested by Mers in Koror and by the laboratory in Guam.
The court however ruled that there is no discrepancy existing between the plastic tube descriptions.
The defendant also argued that there is a discrepancy as the weight of the methamphetamine.
The third argument of Aichi was that the plastic tubes cut made by the police officer for the field test in Koror is not the same plastic tube tested by the laboratory.
The court said that Aichi’s arguments does not render the evidence against him insufficient.