Commonwealth of the Northern Mariana Islands v. Ismael Magofna

Ismael Magofna appeals from a conviction of assault and battery. The only question remaining on this appeal is whether the jury trial statute of the Commonwealth of the Northern Mariana Islands (NMI), 7 CMC § 3101(a), requires that all charges in the same proceeding be submitted to the jury once one charge entitles a defendant to a jury trial. We affirm the appellate division’s holding that it does not.

STANDARD OF REVIEW

We review de novo the appellate division’s interpretation of local law. Guam v. Yang, 850 F.2d 507, 511, n. 7 (9th Cir.1988).

BACKGROUND

This case arises from a fight that occurred on August 11, 1986, in the Commonwealth of the Northern Mariana Islands. Ismael Magofna, the defendant, and Angel Fatig entered a small store in San Antonio, Saipan. The owner, Jose Ulloa, was absent. Magofna and Fatig bought beer from Ulloa’s two teenage nieces who were tending the store.

Soon after, Ulloa returned with a friend. Fatig confronted Ulloa. Ulloa told Magof-na and Fatig to drink their beers outside. When they failed to obey, Ulloa tried to walk past Magofna who was standing in front of the door. Magofna would not move so Ulloa tried to push him out of the way. At…