SAYING that they have complied with all the conditions of their probation and sentence, the Office of Adult Probation has made a motion to set aside the conviction of Tenela Peter, Arnold F. Seman Jr. and Chelsea Sablan Torres.
The Office of the Attorney General did not object.
The three probationers were convicted after entering into a plea agreement with the government pursuant to 6 CMC 4113 (k).
6 CMC 4113 (k) states: “If it appears the probationer has successfully completed his probation period, the Office of Adult Probation shall file a ‘Motion to Set Aside Conviction’ with the court within thirty days of the end of the probation period. A copy must be provided to the prosecutor’s office. The prosecutor shall have 20 days to object to the set-aside, setting forth the reasons for objection. The court shall then give the probationer 20 days to respond to the objection. The prosecutor shall have the burden of proving to the court, by a preponderance of the evidence, that the probationer has failed to satisfy one or more of the conditions of probation. If the court finds that the probationer has failed to satisfy any condition of the suspended imposition of sentence, the court may deny set-aside, and enter a conviction of record, without imposing any sentence. The court may also take judicial notice of a probationer’s failure to satisfy the conditions of the suspended imposition, whether or not the prosecutor objects to the probationer’s motion, if the probationer is given an opportunity to be heard. If the prosecutor does not object to the Motion to Set Aside Conviction, and it appears to the court that the motion is well taken, the court shall vacate the judgment of conviction and the probationer may not be deemed to have been convicted of the crime for any purpose.”
Tenela Peter, 23, was convicted of resisting arrest and assault and battery after pleading guilty on April 22, 2021.
Peter was sentenced to two years in prison, all suspended, and was placed on two years’ probation. He was also required to pay a $25 court fee and a $320 probation fee; perform 200 hours of community work service; report to the Community Guidance Center within 30 days of the plea for an evaluation and abide by the recommended treatment; and obey all CNMI and federal laws as well as the rules of the Office of the Adult Probation office.
According to the probation office, Peter’s probation expired on Aug. 21, 2023 without further incidents.
Arnold F. Seman Jr., 25, and Chelsea Sablan Torres, 27, were convicted of disturbing the peace, and each was sentenced to six months in prison, all suspended. They were placed on probation for one year and each was required to pay a $250 fine, a $250 court assessment fee and a $120 probation fee. They were also ordered not to consume alcohol, marijuana or other illegal substances, and to have no contact with five other individuals.
Seman and Torres pleaded guilty to disturbing the peace on Aug. 29, 2022.
According to the probation office, Seman and Torres’ probation expired on Aug. 28, 2023 without further incidents.
