KOSRAE STATE COURT TRIAL DIVISION
Cite as Kosrae v. Sigrah
11 FSM Intrm. 263 (Kos. S. Ct. Tr. 2002)

[11 FSM Intrm. 263]

STATE OF KOSRAE,
Plaintiff,
 
vs.
 
STEVEN J. SIGRAH,
Defendant.
 
TRAFFIC CASE NO. 212-01
 
JUDGMENT OF CONVICTION; SENTENCING ORDER
 
Aliksa B. Aliksa
Associate Justice
 
Trial: November 26, 2002
 
Decided: November 27, 2002
 
APPEARANCES:
 
For the Plaintiff:               Paliknoa Welly, trial counselor
                                         State Prosecutor
                                         Office of the Kosrae Attorney General
                                         P.O. Box 870
                                         Lelu, Kosrae FM 96944
 
For the Defendant:        Paul Vignos, Esq.
                                        Legislative Counsel, Kosrae Legislature
                                        P.O. Box 187
                                        Lelu, Kosrae FM 96944

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HEADNOTES

Criminal Law and Procedure )Defenses
     A motion for judgment of acquittal on the ground the state had not sustained its burden of proof by proving all of the elements of the offense beyond a reasonable doubt because the state had not proven that police officer had "demanded" a driver's license from the defendant as required by statute, will be denied when the state proves that the officer did ask as by right for the defendant's driver's license. Kosrae v. Sigrah, 11 FSM Intrm. 263, 264 (Kos. S. Ct. Tr. 2002).

Criminal Law and Procedure; Statutes) Construction
     The word "demand" means "ask as by right." When a police officer did request and ask as by right for the defendant's driver's license, even though the officer did not use the word "demand," the officer's request to the defendant for his driver's license satisfies the statute's "demand" requirement. Kosrae v. Sigrah, 11 FSM Intrm. 263, 264 (Kos. S. Ct. Tr. 2002).

[11 FSM Intrm. 264]

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COURT'S OPINION

ALIKSA B. ALIKSA, Associate Justice:

     This matter was called for trial on November 26, 2002 at 9 am. Paliknoa Welly, State Prosecutor, appeared for the State. Defendant was represented by Paul Vignos, Legislative Counsel. The following witness testified at the hearing: Police Officer Tulensru Sigrah.

     The Defendant was tried on the offense of Unauthorized operation of a motor vehicle, in violation of Kosrae State Code, Section 13.702. After the State presented its case in chief, the Defendant made a verbal motion for judgment of acquittal pursuant to KRCrP, Rule 29. I denied the Defendant's motion.

     After the trial, I announced my decision in this case. Based upon the evidence presented at trial, I found that the Plaintiff had proven beyond a reasonable doubt all the elements of the crime of unauthorized operation of a motor vehicle, in violation of Kosrae State Code, Section 13.702. I found the Defendant guilty and convicted him of the crime of unauthorized operation of a motor vehicle. This Judgment of Conviction sets forth the my findings of facts and reasoning.

I. Findings of Facts.

     Based upon the evidence presented at the trial, I found the following facts. On the morning of July 26, 2001, Defendant was driving a vehicle to attend a Legislative committee meeting at the Kosrae State Legislature Building in Tofol. Defendant was stopped at a roadblock where the police officers checked each vehicle operator for a valid driver's license and valid vehicle registration. The roadblock was conducted for the purpose of checking the driver's license of the vehicle driver and the registration of each vehicle. The planned roadblock was announced on the radio prior to the roadblock being conducted.

     When the Defendant stopped at the roadblock, Officer Sigrah asked to see the Defendant's driver's license. Defendant stated that he did not have a driver's license in his possession. Officer Sigrah then issued the Defendant a citation for the offense of Kosrae State Code, Section 13.702, unauthorized operation of a motor vehicle without possessing a valid driver's license.

II. Conclusions of Law.

     Following the presentation of the State's case in chief, the Defendant made a verbal motion for judgment of acquittal, based upon Rule 29 of the KRCrP. Defendant argued that the State had not proven all of the elements of the offense beyond a reasonable doubt, as required, to sustain its burden of proof. In particular, the State had not proven that Police Officer Sigrah "demanded" a driver's license from the Defendant, as required by Kosrae State Code, Section 13.702(2). The word "demand" means "ask as by right." Webster's New Dictionary 76 (2000 ed.) After hearing from both parties, I found that the State did present evidence that Police Officer Sigrah did request and ask as by right the driver's license from the Defendant. While Officer Sigrah did not use the word "demand," the request made by Officer Sigrah to the Defendant for his driver's license does satisfy the "demand" requirement of Kosrae State Code, Section 13.702(2). I denied the Motion for Acquittal, based upon the Plaintiff's presentation of evidence supporting each of the elements of the crime of unauthorized operation of a motor vehicle.

[11 FSM Intrm. 265]

     I found, based upon the evidence presented at trial, that the Plaintiff did prove beyond a reasonable doubt each of the elements of offense of unauthorized operation of a motor vehicle: that the Defendant was operating a motor vehicle without possessing a valid drivers' license or learner's permit.

III. Judgment of Conviction.

     The State did prove beyond a reasonable doubt that the Defendant committed the crime of unauthorized operation of a motor vehicle, in violation of Kosrae State Code, Section 13.702. The Defendant is found guilty and convicted of the offense of unauthorized operation of a motor vehicle.

IV. Sentencing Order.

     The Defendant is given a warning regarding his offense of unauthorized operation of a motor vehicle. Defendant is reminded that as a Senator, he is still subject to the laws of Kosrae State and the legal requirement to obtain a valid drivers' license in order to operate a motor vehicle.

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