‘Judges have the discretion to reject a plea agreement’

“A court has the discretion to reject a plea agreement if it feels it is unjust.”

Thus stressed Superior Court associate judge David A. Wiseman in rejecting a plea agreement entered by the Attor-ney General’s Office and recidivist Diego Sa-las Mundo.

Wiseman said because plea agreements may not invade the traditionally judicial function of what penalty to impose, judges are given the power to reject plea bargains, which invade this authority.

Mundo is facing three criminal cases. He and his lawyer signed a plea agreement with the government, represented by Chief Prosecutor Jeffery Warfield Sr.

On Nov. 28, 2006 the defendant entered a guilty plea. Wiseman accepted the guilty plea, but rejected the terms and conditions of the agreement. Mundo withdrew his guilty plea.

“In this case the court does not feel the plea agreement is just in view of the recidivist character of the defendant,” Wiseman said.

The judge cited that Mundo has had 21 criminal cases filed in the CNMI over the years. He said there were 12 separate convictions and numerous instances of non-compliance with the terms and conditions of probation.

Wiseman pointed out that in his sentencing order in a 2001 criminal case, he noted that Mundo’s release from jail only results in him committing more crimes and continuously placing members of society in danger.

“Since [then], he [Mundo) has had no less than three additional criminal cases and a revocation of his probation filed against him,” Wiseman said.

The judge set a status conference for Mundo’s pending three cases.

Early in July 2006, Wiseman found probable cause to warrant the filing of charges against Mundo for forging documents to sell a vehicle belonging to his common-law wife. Mundo was released on bail.

In July 2004, the CNMI Supreme Court affirmed the criminal convictions of Mundo, who harassed tourists, threatened another man and resisted police arrest at a Tinian restaurant.

In December 2004, Mundo was arrested anew for domestic violence.

In August 2006, Mundo was arrested for allegedly harassing people and hitting a man with a beer can outside Hong Kong Store in Garapan.

On July 24, 2006, Mundo was arrested for allegedly harassing employees and customers of a barbecue stand.