Superior Court Associate Judge David A. Wiseman sentenced the 21-year-old Misaro to one year imprisonment, all suspended except for three days, with credit for one day he already served at the Department of Corrections facility after his arrest last May.
Wiseman required Misaro to report to Corrections on Saturday, and to be released from prison today.
Assistant Attorney General Brian D. Gallagher prosecuted the case while Assistant Public Defender Adam Miles represented Misaro.
On May 30, 2010, Misaro was arrested after punching several times the face of the minor.
On June 30, 2009, Misaro was sentenced to one year imprisonment, all suspended, except for one day already served, for criminal mischief.
Upon his release from prison today, Misaro will be on supervised probation for the remainder of the suspended sentence.
“Upon payment of the restitution, court fines, and costs and probation fee, [Misaro] may travel offisland for [a] job opportunity. However, satisfaction of…payments shall be prerequisite for such off-island travel,” Wiseman stated in his written judgment and commitment order.
Misaro signed a plea agreement, and admitted the charge of assault and battery.
Wiseman said Misaro’s reporting requirement and the community work service requirement of probation will be waived should the defendant obtain full-time employment within a jurisdiction outside of the CNMI.
“The other requirements of probation, specifically restitution [if appropriate], shall not be waived under any circumstances,” Wiseman said.
Misaro was required to pay $391.85 as restitution to his victim; a $100 fine; a $25 assessment fee; and a probation fee to be determined by the Adult Probation Office.
Misaro will perform 50 hours of community work service; stay away from his victim; will not possess any illegal firearms; and will obey all CNMI and federal laws.
