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High Court grants jury trial
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Posted on Jul 13 2004
The CNMI Supreme Court sided yesterday with Patrick Mendiola Calvo, saying he is entitled to a trial by jury, and remanded his case to the Superior Court where he will face two charges of sexual abuse of a child.
In an opinion released by the Chief Justice Miguel S. Demapan, and Justices Pro Tempore Frances Tydingo-Gatewood and Michael J. Bordallo, the decision to grant the jury trial was based “solely on the specific circumstances and facts specific to Calvo.”
Calvo was charged under 6 CMC Section 1311, and 6 CMC Section 5312, and according to the justices, he stood to be punished by two statutes governing identical conduct.
Under Section 1311, Calvo stood to receive a “lesser” punishment upon a conviction but he will be subjected to a mandatory period of incarceration. Under Section 5312, with the same conviction, Calvo stood to receive “greater” punishment, but would not be subject to mandatory incarceration.
The justices explained that in Calvo’s case, “the government’s ability to prosecute under 6 CMC Section 1311 predetermines a loss of liberty upon conviction, while the ultimate decision concerning any loss of liberty for a defendant charged under 6 CMC Section 5312 remains with the sentencing judge.”
On Nov. 21, 2000, the Attorney General’s Office filed two criminal charges against Calvo, accusing him of sexual abuse of a child.
Calvo had entered a plea of not guilty to both charges and demanded a jury trial for each count. He was denied a jury trial by the Superior Court, prompting him to appeal the matter with the High Court.
