Judge Ramona V. Manglona sentenced Jeffrey Cabrera Magofna, 29, to 10 years imprisonment, all suspended except for the first three years with credit since his incarceration at the Department of Corrections facility on June 18, 2010.
Magofna was required to pay a $100 fine, a $100 court assessment fee in 30 days, and an annual probation fee to be determined by the Adult Probation Office.
Magofna was ordered to pay $95 as restitution for Star Water Company’s broken window.
Upon release from prison, Magofna will be placed on seven years probation, will report to the Community Guidance Counseling for evaluation, perform 100 hours of community service, not to have any contact with Star Water Company, and submit random urinalysis test as required by a probation officer.
Funds/contraband found on him at the time of his arrest would be forfeited, the court said.
Magofna admitted the offense of burglary, while the remaining charges of criminal mischief, and disturbing the peace were dismissed with prejudice.
The CNMI government also agreed that any conviction for this case will not be used to revoke his probation in a previous case. His probation was extended by three years to end on Feb. 22, 2017.
The prosecution said Magofna broke into the Star Water Company building on June 18, 2010 to commit theft.
A get-away vehicle left Magofna after the defendant’s two female accomplices saw him being chased by an employee of Star Water who was armed with a machete.
Assistant Attorney General Benjamin K. Peterburg prosecuted the case, while Magofna was represented by court-appointed defense attorney Douglas F. Cushnie.
Manglona earlier rejected the proposed plea agreement, noting Magofna’s conviction in 2008.
In his 2008 conviction for burglary and theft, Magofna was sentenced to five-year imprisonment, all suspended except for two years.
Together with three other men, Magofna took an estimated $2,000 worth of copper wire from the former La Fiesta Mall.
The court also sentenced Magofna to two years imprisonment in a separate case involving the illegal possession of controlled substance.
Magofna was on five years probation when he was arrested for burglary last June.
