Justice Robert Kohm
Rosario sought to be resentenced on his 1996 conviction for criminal sale of a controlled substance. On the rescheduled trial date Rosario did not appear and the trial continued in his absence, with him being convicted in absentia. Rosario was rearrested on a different charge over five years after he absconded and concealed his true identity. He also absconded on the second charge of criminal possession of stolen property, but was involuntarily returned to the jurisdiction on a bench warrant issued more than 16 years before. Under the Drug Law Reform Act (DLRA) Rosario sought a lower determinate sentence than the one originally imposed by the court. Prosecutors noted while Rosario met the statutory eligibility requirements for resentencing, they contended substantial justice dictated that his application be denied. The court agreed noting Rosario was a fugitive for more than 16 years after he absconded from the court’s jurisdiction, then hid his identity. It stated such individual was not the type the legislature meant to provide the type of relief indicated under the DLRA. The court noted the two versions of Rosario’s explanation for not being present in court, including bad advice from his lawyer, conflicted, and rejected same, denying his motion.
