In proceedings related to defendant's plea of guilty and his sentencing on charges of aggravated rape in the first degree pursuant to 14 V.I.C. § 1700(a)(1), involving a minor victim, the Superior Court did not err in refusing to permit the defendant to withdraw his guilty plea, in suspending five years of his sentence, or in stating that he would be eligible for parole after 15 years. Likewise, the ultimate incarcerative sentence imposed-35 years imprisonment with five years suspended-was not substantively unreasonable. However, the Superior Court erred when it imposed $3,500 in restitution as part of its sentence without having advised defendant of the possibility that restitution might be a possible penalty, and it also erred in stating that defendant could register as a sex offender within five years after his release. The conviction is affirmed, and the case is remanded to the Superior Court for the limited purpose of making corrections to the sentence consistent with this Opinion.
Supreme Court Of The Virgin Islands