Associate Judge Ramona V. Manglona imposed a five-year jail term on 41-year-old Roman Torres Cabrera, Jr., all suspended except for one year with credit for time served from March 20, 2008. He will be released no later than March 20, 2009.
Cabrera appeared in court for a change of plea hearing on Sept. 3, represented by court-appointed counsel Vicente T. Salas. Assistant Attorney General Jefferey L. Warfield represented the government.
Cabrera wanted to enter a guilty plea to one count of burglary. In return, the commonwealth would move to dismiss with prejudice the remaining charges filed against him on March 31.
The court ordered Cabrera to pay an assessment fee of $100, a fine of $2,000 and his pro-rata share of restitution for the items that were not recovered from Roshi’s Store.
The amount will be agreed upon by the counsel or will be determined by the court within 90 days from the sentencing date but it will not be more than $5,961.25 for the stolen items and the damaged bathroom window.
Cabrera will also have to write a letter of apology to the victim within 30 days of the sentencing.
He must have no contact with the victim.
He will have to perform 200 hours of community service, receive counseling evaluation at the Community Guidance Center and obey all federal and CNMI laws as well as the rules of the Office of Adult Probation.
If he fails to comply with these conditions, he will be subjected to revocation proceedings.
Cabrera was ordered to return to court for a restitution hearing on Dec. 10. Failure to do so will result in the issuance of a bench warrant.
The information filed against Cabrera and his co-defendant Julian Sablan stated that on Feb. 28, 2008, the two entered the structure occupied by Roshi’s in Kagman with the purpose of committing theft.
According to the prosecution, the two took $5,711.25 worth of merchandise from the establishment, and damaged the bathroom window and frame to get inside the store.
