Superior Court David A. Wiseman imposed on Calvin Aguon Fitial a 10-year sentence, all suspended except for five years to be served without parole for a the charge of robbery.
Wiseman credited the 41 days Fitial already served at the Department of Corrections facility.
For theft, Wiseman sentenced Fitial to three years imprisonment, all suspended except for one year with credit for four days already served.
For violating his probation, Fitial was sentenced to three years, all suspended except for 18 months.
Wiseman said these terms will run concurrently.
Prior to accepting the plea agreement, Wiseman requested Assistant Attorney General Brian D. Gallagher, the prosecutor, and Assistant Public Defender Adam Miles, who represented Fitial, to explain why the maximum sentence of 10 years should not be imposed on Fitial, a repeat offender.
The lawyers said Fitial provided the authorities with substantial information and cooperation which led to the investigation and/or prosecution of at least three other unrelated criminal cases.
They said Fitial also waived his preliminary hearings in these cases and proceeded to judgment even though the criminal acts in the most recent case occurred on Aug. 28, 2010.
Wiseman said: “The court finds [Fitial’s] cooperation with authorities that helped them pursue other criminals, along with defendant’s willingness to expeditiously proceed to judgment in these matters, thereby allowing the government to conserve its limited resources, present mitigating factors that warrant the court’s acceptance of the plea agreement that will incapacitate [Fitial] for a period of five years without the possibility of parole.”
Upon release from prison on Aug. 28, 2015, Fitial will serve the remaining five years of his suspended sentence on probation.
The court ordered Fitial to pay a $100 fine, a $100 assessment fee and a probation fee to be determined by the Adult Probation Office.
He will perform 100 hours of community service, stay away from all his victims, not possess any illegal firearms, and obey all federal and CNMI laws.
Fitial was arrested last month for robbing a San Vicente mart on Aug. 28, 2010.
Fitial’s co-defendant was 20-year-old Alsten Santos, police said.
Fitial, then armed with a knife, and Santos robbed Green Island Market in San Vicente, stealing about $450 cash, four packs of cigarettes and one bottle of hard liquor, police said.
Santos was earlier arrested for an attempted poker robbery last August. He confessed his involvement in the Green Island Market robbery and named Fitial as his accomplice.
Santos’ accomplice in the foiled poker robbery in San Vicente was Terence Aguon Fitial, 27, the elder brother of Calvin Fitial, police said.
Calvin Fitial was convicted of burglary last year. He received a five-year jail sentence, all suspended, except for 18 months with credit for 96 days he already served at the Corrections facility.
In 2000, Calvin Fitial, then a minor, pleaded guilty to burglary, and got a suspended two-year sentence and two years probation.
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