Pago Pago, AMERICAN SAMOA — A 45-year-old taxi driver who was convicted of receiving stolen goods has been sentenced to two years probation.

Iosefa Togiaso was initially charged with one count of conspiracy to steal, a class C felony, punishable by imprisonment of up to 7 years, a fine of up to $5,000 or both; however, under a plea agreement with the government, Togiaso pled guilty to the amended charge of receiving stolen property, a class A misdemeanor, punishable by a jail term of up to one year, a fine of up to $1,000, or both.

With his guilty plea, Togiaso admits that on June. 10, 2021, he received from someone, property valued at less than $100 that was stolen from a store in Nu’uuli.

During sentencing, Togiaso apologized for his actions and asked for a second chance so he can continue caring for his mother and young son, who were both in court.

The defense attorney told the court that his client is a first time offender and he asked the court for a probated sentence without any period of incarceration. He said his client spent almost 9 months at the Territorial Correctional Facility (TCF), and has lost his job as a result.

The prosecutor did not oppose the defense's request for a probated sentence, saying the 9 months Togiola spent in jail is more than enough punishment for what he did.

The court agreed, and noted that Togiaso has no prior criminal record in High Court, and only a few appearances in District Court.

“We do note Mr. Togiaso that in 45 years you have managed to keep yourself away from violating the law, until this recent violation when you hung around with the wrong people, or with some other kind of influence, which is something you need to address by yourself, to make sure you don’t repeat it,” the court said.

Togiaso was sentenced to 12 months in jail; however, execution of the sentence was suspended and he was placed on probation for two years under the condition that he remains law-abiding, and pays a fine of $1,000 and restitution of $105.83

He was sentenced to serve 9 months at the TCF and he is credited for the time he already served in jail. Togiaso was released from custody on the day of his sentencing.