American Samoa § 46.1902 - Felony or misdemeanor

§ 46.1902. Felony or misdemeanor

Whenever any person has been found guilty of a felony or a misdemeanor, the court shall make 1 or more of the following dispositions of the offender in any appropriate combination. The court may: (1) sentence the person to a term of imprisonment as authorized by 46.2301 et seq.; (2) sentence the person to pay a fine as authorized by 46.2101 et seq.; (3) suspend the imposition of sentence, with or without placing the person on probation; (4) pronounce sentence and suspend its execution, placing the person on probation; (5) impose a period of detention as a condition of probation, as authorized by 46.2206; (6) require the person to do ordinary labor. The sentence shall be carried out under the direction of the pulenu’u of the person’s village, the Attorney General, or the county chief of the person’s county as the court may direct. Case Notes: Rule 11 of criminal procedure requires notice to defendant in plea agreement that he has no right to withdraw guilty plea if government’s recommendation of sentence is not followed by court. Uliata v. A.S.G., 3 A.S.R.2d 102 (App. Div.(1986)). Research Guide: MCC 557.011, 15 ASC 5003, 15 ASC 5005, 15 ASC 6401.