x 1 3; I
3iggi 5? CLERK cQ.E* OF COURT
11 2625 F5521Z! M410= 2025 FEB _O Zh AH IQ: 24
2 €€?€.%?~T SUPERi,,JR C~.URT 'l 8' IN THE THE SUPERIOR SUPERIOR COURT COURT OF OF GUAM GUAM Or GUAM 3
4 PEOPLE OF GUAM, GUAM, Criminal Criminal Case Case No. CF0654-21 No. CF0654-21 GPD GPD Report Report No. No. 21-32033 21-32033 5 v. 6 JOE SHAWN SHAWN AGUON DECISION AND ORDER 1
7 (aka JOESHAWN AGUON), DENYING DEFENDANT'S MOTION DOB: 07/07/1993 07/07/1993 or 07/09/1993 TO ENFORCE PLEA AGREEMENT 8 Defendant. 9
10 10 INTRODUCTION 11 11 This matter came before matter came before the the Honorable Honorable Alberto Alberto C. Lamorena, Lamorena, III. 2, 2024 III_ on December 2, 2024 for
12 hearing on Joe 12 hearing Joe Shawn Shawn Aguon's Aguon's (aka Joeshawn Aguon's) ("Defendant's") Joeshawn Aguon's) ("Defendant's") Motion Motion to to Enforce Enforce Plea Plea 13 13 Agreement Agreement ("Motion"). ("Motion"). Assistant Assistant Attorney Attorney General General Jacob Jacob Wagner Wagner represents represents the the People, People, and and 14 14 Attorney Attorney Terry Timblin Timblin represents represents Defendant. Defendant. Having duly duly considered considered the the parties' parties' briefs, briefs, oral oral 15 15 arguments, andthe arguments, and the applicable applicablelaw, law, the the Court Court now now issues the following issues the and Order Decision and following Decision Order and and 16 16 DENIES Defendant's Motion.
17 17 BACKGROUND nd Degree Felony), Terrorizing (as a 3'd 18 18 Defendant is indicted on charges charges of of Kidnapping (as (as a 2"d Degree Felony), Terrorizing (as a 3rd 19 19 Degree Degree Felony), Felony), Family FamilyViolence Violence(as 3 rdDegree (asaa3'd DegreeFelony), Felony),and andFelonious FeloniousRestraint Restraint (as 3rd Degree (as aa 3'd 20 Felony). See Indictment (Dec. (Dec. 30, 2021). 2021). Each Each charge charge is accompanied by aa Notice: accompanied by Notice: Commission of
21 a Felony While on on Felony Felony Release. Release. Id. The charges charges stem from from aa purported purported incident in December 22 2021, in which Defendant is alleged to have have confined confined his his girlfriend girlfriend in in aa car car and and relocated relocated her her to his his 23 house againsther house against herwill, will, all all while while repeatedly beating her with a closed closed fist. fist. See Magistrate's Magistrate's Complaint Complaint 24 (Dec. 23, 2021).
25 On On October 21, ,2024, 2024,Defendant Defendantfiled filed his hisMotion Motion to to Enforce Enforce Plea Agreement, Subject Subject to Court
Approval("Motion"). 26 Approval Defendant ("Motion"). claims Defendant that claims hehe that and the and thePeople reachedaaplea Peoplereached on August agreement on pleaagreement August 27 19, 19, 2022, over e-mail, whereby he he would would serve serve an an incarceration incarceration term of three three (3) years, years, all but but one 28 (1) year year suspended. suspended. See Motion Motion at at 3 (Oct. 21, 2024).
Decision Decision and and Order Denying Defendant's Defendant's Motion Motion to to Enforce Enforce Plea Agreement Plea Agreement CF0654-21, People People of ofGuam Guam v. v. Joe Joe Shawn Aguon Shawn Aguon PAUP P>ioP 1 1 Rf nf A d :E I1.
1 1 October 21, 2024, the On October the People People filed filed their their Opposition Opposition to to Defendant's Defendant's Motion Motion ("Opposition") ("Opposition").
ThePeople 2 The Peopleclaim claimDefendant Defendantnever neverentered enteredinto intoa aplea pleaagreement agreementon onAugust August19, 19,2022, 2022, and and that that the e- mailsDefendant 3 mails Defendantreferences referencescontain containonly onlypreliminary preliminarynegotiations negotiationsrather ratherthan thanaa formal formal plea plea offer offer that 4 heheaaccepted. ccepted. See Opposition Opposition at at 2-3 (Oct. 21, 2024).
5 On October 24, 2024, 2024, Defendant Defendant filed filed his his Reply Reply to to Opposition Opposition ("Reply"). ("Reply"). Defendant Defendant claims
6 hehedid didreach reachananagreement agreementwith withthe thePeople Peopleregarding regardingthe thelength lengthof ofincarceration, incarceration, which which is enforceable 7 even eventhough thoughother otherterms termsofofthe the plea plea remain remain unnegotiated. See Reply at at 11 (Oct. 24, 2024).
8 The Court held a hearing on December December 2, 2, 2024. After After hearing the arguments arguments of of the parties, the
9 Court Courtook tookthe thematter matter under under advisement.
l 10 DISCUSSION DISCUSSION 11 11 I. No agreement was plea agreement No plea was created created on on August August 19, 19, 2022 2022 because because the the People People never never gave gave a 12 l formal offer, offer, and and Defendant Defendantnever neveraccepted accepted any such such offer. 13 "In the the pr process of of deter determining whether whether disputed disputed plea agreements eements have ha ve been formed med or
14 14 performed, erformed,courts courts have have necessarily necessarily drawn drawn on on the the most most relevant relevant body body of of developed developed rules rules and principles 15 of ofprivate private law, law, those those pertaining pertaining to the formation and interpretation of commercial commercial contracts." See U.S.
16 v. . Harvey, 16 Harvey, 791 791 F.2d F.2d 294, 294, 300 (4th Cir. 1986). "Essential 300 (4th "Essential elements elements ofofaacontract contractinclude includean anojj%r, offer, acceptance, and 17 acceptance, and consideration." See Blas v. Cruz, Cruz, 2009 Guam 121118 ,r 18 ((emphasis added). Acceptance emphasis added). Acceptance
18 must ust be be "unequivocal" "unequivocal" and and demonstrate demonstrate the offeree's offeree's "intent "intent to be bound" bound" by by the the offer. offer. See Mobil
19 Oil OilGuam, Guam, Inc. Inc. v.v. Tendido, Tendido, 2004 2004Guam Guam77,r 11 34.
20 In his belief belief that a binding plea agreement was created on August 19, 19, 2022, Defendant points
21 too aa series series of of e-mails e-mails between between his his counsel and the People. See Motion Motion at at Exhibits A & B B (Oct. (Oct. 21, 22 2024). 2024).
23 Defendant contends the People made an offer on July 8, 2022, when they asked his counsel 24 whether hetherhe hewould would"consider" "consider"aaplea pleaagreement agreementwhereby wherebyhe hewould wouldserve servethree three (3) (3) years years incarceration, incarceration, 25 all all but but one one (1) (1) year suspended. See Motion Motion at at EX: Ex: A, E-mail dated Jul. 8, 2022 at 9:38 AM (Oct. 21,
26 2024).
27 28
Decision Decision and Denying Defendant's and Order Denying Defendant's Motion Motion to Enforce Plea Agreement CF0654-21,People People of ofGuam Guam v.v. Joe Joe Shawn Shawn Aguon Aguon Page 2 of 4 'I M *s
1 Defendant contends Defendant contends he he accepted acceptedthis this offer August 19, offer on August 19, 2022, 2022, when when his his defense defense counsel counsel
epliedthat 2 replied that he he was "pretty sure sure that thathe he[Defendant] [Defendant]will will accept" ifCM0245-19 accept" if CM0245-19 were also covered covered by
3 the he plea. See Motion Motion at at Ex: Ex: B, B, E-mail E-mail dated dated Aug. Aug. 19, 19, 2022 2022 at 3:52 3:52 PM PM (Oct. 21, 21, 2024).
4 This exchange clearly does does not constitute constitute either an an offer acceptance capable offer or acceptance capable of of forming a
5 binding inding contract. contract. The The claimed claimed offer offer was was really really just just aa preliminary negotiation.
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x 1 3; I
3iggi 5? CLERK cQ.E* OF COURT
11 2625 F5521Z! M410= 2025 FEB _O Zh AH IQ: 24
2 €€?€.%?~T SUPERi,,JR C~.URT 'l 8' IN THE THE SUPERIOR SUPERIOR COURT COURT OF OF GUAM GUAM Or GUAM 3
4 PEOPLE OF GUAM, GUAM, Criminal Criminal Case Case No. CF0654-21 No. CF0654-21 GPD GPD Report Report No. No. 21-32033 21-32033 5 v. 6 JOE SHAWN SHAWN AGUON DECISION AND ORDER 1
7 (aka JOESHAWN AGUON), DENYING DEFENDANT'S MOTION DOB: 07/07/1993 07/07/1993 or 07/09/1993 TO ENFORCE PLEA AGREEMENT 8 Defendant. 9
10 10 INTRODUCTION 11 11 This matter came before matter came before the the Honorable Honorable Alberto Alberto C. Lamorena, Lamorena, III. 2, 2024 III_ on December 2, 2024 for
12 hearing on Joe 12 hearing Joe Shawn Shawn Aguon's Aguon's (aka Joeshawn Aguon's) ("Defendant's") Joeshawn Aguon's) ("Defendant's") Motion Motion to to Enforce Enforce Plea Plea 13 13 Agreement Agreement ("Motion"). ("Motion"). Assistant Assistant Attorney Attorney General General Jacob Jacob Wagner Wagner represents represents the the People, People, and and 14 14 Attorney Attorney Terry Timblin Timblin represents represents Defendant. Defendant. Having duly duly considered considered the the parties' parties' briefs, briefs, oral oral 15 15 arguments, andthe arguments, and the applicable applicablelaw, law, the the Court Court now now issues the following issues the and Order Decision and following Decision Order and and 16 16 DENIES Defendant's Motion.
17 17 BACKGROUND nd Degree Felony), Terrorizing (as a 3'd 18 18 Defendant is indicted on charges charges of of Kidnapping (as (as a 2"d Degree Felony), Terrorizing (as a 3rd 19 19 Degree Degree Felony), Felony), Family FamilyViolence Violence(as 3 rdDegree (asaa3'd DegreeFelony), Felony),and andFelonious FeloniousRestraint Restraint (as 3rd Degree (as aa 3'd 20 Felony). See Indictment (Dec. (Dec. 30, 2021). 2021). Each Each charge charge is accompanied by aa Notice: accompanied by Notice: Commission of
21 a Felony While on on Felony Felony Release. Release. Id. The charges charges stem from from aa purported purported incident in December 22 2021, in which Defendant is alleged to have have confined confined his his girlfriend girlfriend in in aa car car and and relocated relocated her her to his his 23 house againsther house against herwill, will, all all while while repeatedly beating her with a closed closed fist. fist. See Magistrate's Magistrate's Complaint Complaint 24 (Dec. 23, 2021).
25 On On October 21, ,2024, 2024,Defendant Defendantfiled filed his hisMotion Motion to to Enforce Enforce Plea Agreement, Subject Subject to Court
Approval("Motion"). 26 Approval Defendant ("Motion"). claims Defendant that claims hehe that and the and thePeople reachedaaplea Peoplereached on August agreement on pleaagreement August 27 19, 19, 2022, over e-mail, whereby he he would would serve serve an an incarceration incarceration term of three three (3) years, years, all but but one 28 (1) year year suspended. suspended. See Motion Motion at at 3 (Oct. 21, 2024).
Decision Decision and and Order Denying Defendant's Defendant's Motion Motion to to Enforce Enforce Plea Agreement Plea Agreement CF0654-21, People People of ofGuam Guam v. v. Joe Joe Shawn Aguon Shawn Aguon PAUP P>ioP 1 1 Rf nf A d :E I1.
1 1 October 21, 2024, the On October the People People filed filed their their Opposition Opposition to to Defendant's Defendant's Motion Motion ("Opposition") ("Opposition").
ThePeople 2 The Peopleclaim claimDefendant Defendantnever neverentered enteredinto intoa aplea pleaagreement agreementon onAugust August19, 19,2022, 2022, and and that that the e- mailsDefendant 3 mails Defendantreferences referencescontain containonly onlypreliminary preliminarynegotiations negotiationsrather ratherthan thanaa formal formal plea plea offer offer that 4 heheaaccepted. ccepted. See Opposition Opposition at at 2-3 (Oct. 21, 2024).
5 On October 24, 2024, 2024, Defendant Defendant filed filed his his Reply Reply to to Opposition Opposition ("Reply"). ("Reply"). Defendant Defendant claims
6 hehedid didreach reachananagreement agreementwith withthe thePeople Peopleregarding regardingthe thelength lengthof ofincarceration, incarceration, which which is enforceable 7 even eventhough thoughother otherterms termsofofthe the plea plea remain remain unnegotiated. See Reply at at 11 (Oct. 24, 2024).
8 The Court held a hearing on December December 2, 2, 2024. After After hearing the arguments arguments of of the parties, the
9 Court Courtook tookthe thematter matter under under advisement.
l 10 DISCUSSION DISCUSSION 11 11 I. No agreement was plea agreement No plea was created created on on August August 19, 19, 2022 2022 because because the the People People never never gave gave a 12 l formal offer, offer, and and Defendant Defendantnever neveraccepted accepted any such such offer. 13 "In the the pr process of of deter determining whether whether disputed disputed plea agreements eements have ha ve been formed med or
14 14 performed, erformed,courts courts have have necessarily necessarily drawn drawn on on the the most most relevant relevant body body of of developed developed rules rules and principles 15 of ofprivate private law, law, those those pertaining pertaining to the formation and interpretation of commercial commercial contracts." See U.S.
16 v. . Harvey, 16 Harvey, 791 791 F.2d F.2d 294, 294, 300 (4th Cir. 1986). "Essential 300 (4th "Essential elements elements ofofaacontract contractinclude includean anojj%r, offer, acceptance, and 17 acceptance, and consideration." See Blas v. Cruz, Cruz, 2009 Guam 121118 ,r 18 ((emphasis added). Acceptance emphasis added). Acceptance
18 must ust be be "unequivocal" "unequivocal" and and demonstrate demonstrate the offeree's offeree's "intent "intent to be bound" bound" by by the the offer. offer. See Mobil
19 Oil OilGuam, Guam, Inc. Inc. v.v. Tendido, Tendido, 2004 2004Guam Guam77,r 11 34.
20 In his belief belief that a binding plea agreement was created on August 19, 19, 2022, Defendant points
21 too aa series series of of e-mails e-mails between between his his counsel and the People. See Motion Motion at at Exhibits A & B B (Oct. (Oct. 21, 22 2024). 2024).
23 Defendant contends the People made an offer on July 8, 2022, when they asked his counsel 24 whether hetherhe hewould would"consider" "consider"aaplea pleaagreement agreementwhereby wherebyhe hewould wouldserve servethree three (3) (3) years years incarceration, incarceration, 25 all all but but one one (1) (1) year suspended. See Motion Motion at at EX: Ex: A, E-mail dated Jul. 8, 2022 at 9:38 AM (Oct. 21,
26 2024).
27 28
Decision Decision and Denying Defendant's and Order Denying Defendant's Motion Motion to Enforce Plea Agreement CF0654-21,People People of ofGuam Guam v.v. Joe Joe Shawn Shawn Aguon Aguon Page 2 of 4 'I M *s
1 Defendant contends Defendant contends he he accepted acceptedthis this offer August 19, offer on August 19, 2022, 2022, when when his his defense defense counsel counsel
epliedthat 2 replied that he he was "pretty sure sure that thathe he[Defendant] [Defendant]will will accept" ifCM0245-19 accept" if CM0245-19 were also covered covered by
3 the he plea. See Motion Motion at at Ex: Ex: B, B, E-mail E-mail dated dated Aug. Aug. 19, 19, 2022 2022 at 3:52 3:52 PM PM (Oct. 21, 21, 2024).
4 This exchange clearly does does not constitute constitute either an an offer acceptance capable offer or acceptance capable of of forming a
5 binding inding contract. contract. The The claimed claimed offer offer was was really really just just aa preliminary negotiation. The People preliminary negotiation. People never never
anifested any 6 manifested any intent intent to be be bound bound by by that that incarceration incarceration term, term, rather rather they they were just gauging gauging the the
7 Defendant's efendant' sinterest interest in in pleading pleading out.
8 Likewise, Likewise, the the Defendant Defendant never never accepted this term term even even if it it were were to to be be construed construed as an an offer. offer.
9 Defense efensecounsel counsel admitted admitted to to "have "havenot not yet yetdiscussed" discussed" the the claimed claimed offer offerwith withDefendant, Defendant,and and was was just
10 10 speculating speculating whether whether Defendant Defendant would accept. accept. See Motion Motion at at Ex: Ex: B, B, E-mail E-mail dated dated Aug. Aug. 19, 19, 2022 2022 at at
ll 3:52 11 3:52PM PM(Oct. (Oct.21, 21,2024). 2024).Defendant Defendantnever nevermanifested manifestedany anyintent intent to to be be bound bound by the claimed offer, offer,
12 and 12 and it's it'snot not even evenclear clearhe he was aware such an was aware anoffer offer existed at at the thetime time of of his his claimed claimed acceptance. acceptance. As
13 13 such, such, no no binding binding contract contract was formed on on August August 19, 19, 2022.
14 14 II. II. Even ifif aa plea Even plea agreement agreement were were reached reached on on August 19, 2022, the People were were permitted permitted
15 15 to back out because because they they did did so sobefore beforethe theCourt Court accepted accepted the theplea pleaand andformally formally executed
16 16 as binding. it as
17 17 Unlike standard contracts,however, standard contracts, however, "a "a plea plea agreement agreement ... is is not not simply simply aa contract contract between
18 18 twooparties. parties. ItItnecessarily necessarilyimplicates implicatesthe theintegrity integrityofof the thecriminal criminaljustice justicesystem systemand andrequires requires the the courts courts
19 19 tooexercise exercisejudicial judicialauthority authorityin inconsidering consideringthe the plea plea agreement agreement and in accepting accepting or or rejecting rejecting the the plea." plea."
v. Novosel, 20 See US. v. Novosel,481 481 F.3d F.3d 1288, 1288, 1292 (internal citations omitted). 1292 (internal omitted).
21 "A "Aplea pleaagreement agreement must be accepted must be acceptedby bythe thecourt courtbefore beforeititisisbinding". binding". Id. l at 1292 1292 (internal 22 citations citations omitted). omitted). Absent Absentdetrimental detrimental reliance, reliance, until until the the moment moment at at which which aa plea plea agreement agreement is
23 executed executed by by the the court, court, parties are free to withdraw parties are withdraw their offer offer or or acceptance acceptance thereof. Id. at 1292 1292 24 (permitting (permitting defendant defendant to withdraw withdraw guilty plea "until the the moment moment the court accepted" it); court accepted" it), See also
25 Marry arby v. v. Johnson, Johnson, 467 U.S. 504, 507 (1984) 504, 507 (1984) (holding, where government withdrew more favorable
26 plea leabargain bargain which whichdefendant defendant sought sought to accept, accept, that that defendant did not have any any right to enforce that that 27 specific specificoffer offerunless unlessititwas was already already accepted accepted by the trial court). 28
Decision Decision and Order Denying Defendant's Defendant's Motion Motion to to Enforce Enforce Plea Plea Agreement CF0654-21, CF0654-21, People People of ofGuam Guam v. v. Joe Shawn Aguon Page 3 of 4 . _.L _.,i,. 'A . ..., N \ -i--"'.,,,~., \, ~l
1 1 Here, the People clearly withdrew withdrew any any claimed offer offer before before the the Court Court formally formally accepted accepted it it as as
2 binding. No Noformal formalplea pleaagreement agreementcontaining containingthe theincarceration incarceration term term was was ever ever prepared prepared or signed by
3 either eitherparty party or orthe the CoLu't. Court. Because Because the Court hadn't formally executed executed the claimed claimed plea plea agreement, it
4 remains emains non-binding non-binding and the People and the People were free to withdraw withdraw their supposed offer. supposed offer.
5 CONCLUSION
6 For For the reasons stated above, the CourtDENIES Defendant's Defendant's Motion. Motion. No Noplea pleaagreement agreement was
7 reached reachedon onAugust August19, 19,2022, 2022, and and even even ififan an agreement agreement were were reached, the People timely withdrew reached, the
8 their theirplea pleaoffer. offer.Therefore, Therefore,the Cout the shall Cout shallnot enforcethe notenforce claimedplea theclaimed pleaagreement agreement of ofthree (J) years three (3') years
9 incarceration, incarceration,all allbut butone one (1) ( 1)year yearsuspended. suspended.
10 10
l11l
12 12 IT IS SO ORDERED ORDERED this February 21, 21, 2025.
la 13
14 14 15 15 ,
16 16 HONORABLE ALBERTO ALBERTO C. c. LAMORENA, III Presiding Judge, Superior Court of Guam 17 17
18 18 19 19
23 SERVICE VIA VIA EMAIL acknowledge that an electronic I acknowledge 24 copy ofthe e-mailed to: the original was e-mailed to:
25 /H&¢ T'Tfm/MM frGi, --r.. tr,i,,,fal;"' 26 2~lW [7 ime. l0131av»v~ Date:~me: Date fO~;J[cc..,,,... r 27 A~ i Qi Afrwfnfg V"'--,,,., Cm A. Deputy Clerk, S error Court of Guam
Decision Decision and and Order Denying Defendant's Defendant's Motion Motion to to Enforce Enforce Plea Plea Agreement .CF0654-21,People People of ofGuam Guam v. v. Joe Joe Shawn Aguon Page Page 4 of4