Justice John A. Manglona, Justice Perry B. Inos, and Justice Pro Tempore Robert J. Torres on Friday granted Victor Val Borja Hocog’s petition as it concerns his rehabilitation term; vacated the rehabilitation term; and remanded the case to the Superior Court for resentencing.
The justices find that Hocog’s sentence with respect to the rehabilitation provision was unreasonably rendered, adding that the trial court abused its discretion in issuing such a sentencing provision.
The justices said the rehabilitation provision in Hocog’s sentence is not illegal, but “we find the sentence unreasonable, despite its legality.”
In 2014, Hocog, after signing a plea agreement, was sentenced to 15 months in prison, $2,000 fine, and 30 months of drug rehabilitation services after release. Pursuant to the terms of the plea agreement, the court mandated Hocog to receive 30 months of rehabilitation treatment from the Hawaii Habitat Treatment facility or a similar facility. The court also ordered that the $10,000 he posted as bail be used for the cost of treatment. Hocog would be in violation of criminal contempt and face six months’ imprisonment and $100 fine or both if he failed to undergo rehabilitation.
Hocog appealed to correct the sentence, but the CNMI Supreme Court denied his motion.
Hocog filed a motion to reconsider, which was also denied by the high court.
Hocog then appealed the denial of the motion for reconsideration, arguing that the court imposed an illegal sentence “because rehabilitation is inherently a probationary term.”
According to Hocog, a sentence must be suspended first before any condition of probation is imposed. “Because the sentence was not suspended before rehabilitation (a probationary term) was imposed, the rehabilitation provision is illegal,” he added.
In rendering their decision, the justices looked into Hocog’s judgement and commitment order and found that there was no discussion of responsibility of payment for any costs in excess of $10,000.
The justices said it is “unrealistic to expect that $10,000 would be enough to pay for Hocog to live in Hawaii and attend a residential treatment program for 30 months when the cost of living in Hawaii is one of the most expensive in the US.”
They added, “[The trial court] did not make any findings concerning Hocog’s eligibility for admission to a long-term addiction treatment center, the costs and duration of the long-term treatment program, or his ability to pay for the rehabilitation program. It simply ordered that Hocog receive 30 months of rehabilitation treatment.”
The justices said, “Hocog’s likely inability to fund rehabilitation services outside the CNMI coupled with holding contempt over Hocog’s head for an indeterminate period of time — and therefore the possibility of imprisonment — make this term simply unreasonable.”
Hocog was represented by then-Assistant Public Defender Cindy Nesbit.
