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Habitual offender to serve 3 more years in jail
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Posted on Aug 10 2005
A man who was charged with multiple offenses in five separate criminal cases would have to spend nearly three more years in prison, after the Superior Court revoked his probation on three of those cases.
Superior Court Associate Judge David Wiseman also imposed a one-year imprisonment term on Daniel Delos Santos after the latter pleaded guilty to assault and battery.
The sentence in the assault and battery case would be served together with the remaining term of the revoked suspended sentence for the three other cases, the judge said. In all, Delos Santos will serve prison until June 1, 2008.
The Attorney General’s Office agreed to have the fifth case dismissed after Delos Santos pleaded guilty to the assault and battery case. Delos Santos also admitted that he violated probation conditions in the three other cases.
Wiseman noted that, although the defendant pleaded guilty to assault and battery only, the charges actually included aggravated assault and battery, disturbing the peace and riot.
In the other cases, prosecutors had charged Delos Santos with three counts of assault and battery; receiving stolen property, criminal mischief, and tampering with a vehicle; and burglary and two counts of theft.
“We cannot afford to have poor-risk convicted criminals being free in society and a potential danger to the community. Revocation deprives an individual not of the absolute liberty to which every citizen is entitled but only of the conditional liberty properly dependent on observance of special restrictions,” the judge said.
Wiseman noted that Delos Santos had served a total of 298 days in prison—75 days for the suspended five-year prison term and 223 days for the time he had served for the dismissed criminal case.
“In this case, the court finds that the interest of justice will be best served by incapacitating and isolating [Delos Santos] from society for the maximum allowable period of time, which in this case will be to serve the remainder of his sentences as though they had not been suspended,” the judge said.
