Court Cannot base Sentence on Uncharged, Dismissed, or Unadjudicated Conduct
State v. Satoafaiga (HSC February 7, 2022) Background. Victoria Satoafaiga was indicted with sexual assault in the third degree, sexual assault in the first degree by way of penetration, attempted sexual assault in the 3d degree, and custodial interference. She reached a plea agreement. Satoafaiga pleaded no contest to the amended charge of sexual assault in the fourth degree and custodial interference as charged. All other counts were dismissed. The circuit court—the Hon. Judge Rhonda I. L. Loo presiding—ordered a presentence investigation and report. Satoafaiga moved to defer her no contest plea. At the hearing, the circuit court denied the motion. The circuit court reviewed the PSI report and made several comments about the case on the record. The circuit court noted that Satoafaiga was in a position of trust when she committed the offenses. She was a counselor at the Boys and Girls Club and was twice the age of the complainant. The circuit court commented, “I think ever