People v. Castro

Opinion

• • FILED

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3 IN T HE SUPERIOR COURT OF GUAM 4

5 CRIMINAL CASE NO. CF 296-12 PEOPLE OF GUAM

6 DECISION AND ORDER

7 V. Defendant ' s Motion to Reconsider 8 PAT RICK M. CAST RO, 9 DOB: 10/01/1975 10 Defendant. 11

12 INTRODUCTION

13 This matter came before the Honorable Anita A. Sukola on September 16, 2014 on 14 Patrick M. Castro's ("Defendant") Motion to Reconsider. William B. Pole, Esq. represented the 15

16 Defendant. Assistant Attorney General Nicole D. Driscoll represented the People of Guam ("the

17 People"). Assistant Public Defender Pablo M. Aglubatl was also present and represented by 18 Assistant Public Defender Maria G. Fitzpatrick. Following the hearing, the Court took the 19 matter under advisement. Upon review of the oral and written arguments along with legal 20

authorities presented by both parties, the Court issues its Decision and Order DENYING 21

22 Defendant's motion.

23 BACKGROUND 24 The Court adopts the same background information contained in its July 10, 2014 25 Decision and Order as follows: Defendant was indicted on May 11, 2012 on the following 26 charges: ( 1) Theft by Receiving Stolen Property (As a 2nd Degree Felony ); (2) Theft by 27

28 1 Assistant Public Defendant Aglubat was Defendant's previous counsel.

People v. PATRICK M. CASTRO (CF 296-12) Page 1 of 5 Decision and Order - Defendant's Motion to Reconsider After Evidentiray Hearing

Receiving Stolen Property (As a 2nd Degree Felony); (3) Theft by Receiving Stolen Property 1

2 (As a 2nd Degree Felony); and (4) Theft by Receiving Stolen Property (As a 3rd Degree Felony).

3 Indictment (May 11, 2012). He was arraigned on May 16, 2012 where he entered a plea of not 4 guilty and asserted his right to speedy trial. Super. Ct. of Guam Minute Entry Log No. 14850 5 (May 16, 2012). On June 25, 2012, the Defendant waived his right to speedy trial. Assertion or 6

Waiver of Speedy Trial & Request for Jury of Twelve in Felony Case (June 25, 2012).

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8 Although the Court was prepared to go to trial on July 12, 2012, the parties informed the Court

9 that they had reached a resolution. Transcript JDAASCRA (July 12, 2012) at 1:06:13 p.m. The 10 Defendant agreed to plead guilty to two counts of Theft by Receiving Stolen Property (As a 2d 11 Degree Felony) in exchange for his cooperation against Irvin White, the defendant in CF 837-

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13 12. Id. at 3:03:09 p.m. The plea agreement was filed on July 19, 2012.

14 On December 10, 2012, the Defendant informed the Court that he could not continue 15 forward with his plea agreement and that he wished to have another attorney assigned to his 16 case. Transcript JDAASCRA (Dec. 10, 2012) at 10:27:33 a.m. On February 19, 2013, the 17

Office of the Public Defender filed its Motion to Withdraw as Attorney of Record, and that 19

19 same day, the People filed its Non-Opposition to Motion. Eventually, this case was assigned to

20 Attorney William B. Pole on July 9, 2013. Notice of Court Appointed Counsel (July 10, 2013). 21 On August 29, 2013, the Defendant filed his Motion to Vacate Plea Agreement Pursuant 22 to Contract Law, and on September 17, 2013, the Defendant filed his Motion to Vacate Plea 23

Agreement Pursuant to the Plea Not Being Made Voluntarily, Knowingly, and Intelligently. The 24

25 People filed their opposition on October 22, 2013, and this Court heard the matter on December 26 23, 2013. This Court subsequently issued its Decision and Order on February 23, 2014 denying 27 both of Defendant's motions.

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People v. PATRICK M. CASTRO (CF 296-12) Page 2 of 5 Decision and Order - Defendant's Motion to Reconsider After Evidentiray Hearing

V

On July 10, 2014, the Court also denied Defendant's Motion to Reconsider. However, 1

2 the Court set an evidentiary hearing to allow Defendant the opportunity to address his claim of

3 ineffective assistance of counsel. The Court heard the matter on September 16, 2014, and took 4 the matter under advisement after hearing testimony from the Defendant. The Court now issues 5 this Decision and Order.

6

DISCUSSION

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8 The Local Rules of the Superior Court of Guam provide the grounds on which a motion

9 may be renewed:

10 (1) [A] material difference in fact or law from that presented to the court before 11 such decision that in the exercise of reasonable diligence could not have been known to the party moving for reconsideration at the time of such decision, or, 12

(2) the emergence of new material facts or a change of law occurring after the 13 time of such decision, or, 14 (3) a manifest showing of a failure to consider material facts presented to the 15 Court before such decision. 16 No motion for reconsideration shall in any manner repeat any oral or written 17 argument made in support of or in opposition to the original motion.

18 CR 1.1(d).

19 The Court has already ruled on this matter in its July 10, 2014 Decision and Order. 20 Defendant now claims ineffective assistance of counsel as grounds for vacating the plea 21 agreement. A claim of ineffective assistance of counsel is not an offense charged in a criminal 22

23 action, it is a claim of error in the trial proceedings. See People v. Angoco , 2004 Guam 11 ¶ 21.

24 Defendant testified that he entered the plea of guilty in order to prevent his girlfriend from 25 getting charged with an offense. Transcript JDAASCRA (Sep. 16, 2014) at 3:14:38 p.m. In 26 similar unpublished case, Boscan v. United States, 898 F.2d 153 (6tl' Cir. 1990), Defendant Jua 27 Boscan filed a motion to vacate his sentence because he alleged that his plea was involuntary an 28

People v. PATRICK M. CASTRO (CF 296-12) Page 3 of 5 Decision and Order - Defendant's Motion to Reconsider After Evidentiray Hearing because the prosecution used his girlfriend as a chip to influence his plea, and because h 1 2 received ineffective assistance of counsel. He further alleged, inter alia, that the Court did not 1

3 address him personally about the case; 2) inquire whether defense counsel had made an 4 promises to him outside of the plea; and 3) develop the legal and factual basis for the guilty plea.

5 The court found that Boscan's plea was voluntarily entered with a full understanding of the 6

direct consequences of the plea. The court also found that defense counsel had not rendered 7

8 deficient performance.

9 After reviewing the record, and in consideration of the arguments and legal authoritie s 10 presented by the parties, this Court finds that Defendant was informed of his right to confron 11 and cross-examine witnesses. Defendant was advised of his privilege against self-incrimination 12

13 and the prosecution was required to prove guilt beyond a reasonable doubt. Moreover, the plea

14 agreement was read, and the Court informed Defendant of the maximum possible penalty th e 15 Court could impose. Defendant stated that he was satisfied with counsel's performance and that 16 he was pleading guilty of his own free will. Defendant also admitted that at the time of th e 17 Change of Plea, he acknowledged that there were no promises outside what was contained in the 18

19 Plea Agreement. Transcript JDAASCRA (Sep. 16, 2014) at 4:14:46 p.m. Thus, the recor d

20 clearly establishes that Defendant's plea was voluntary. Accordingly, the Court does not fin 21 Defendant's previous counsel to have rendered deficient performance.

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People v. PATRICK M. CASTRO (CF 296-12) Page 4 of 5 Decision and Order - Defendant' s Motion to Reconsider After Evidentiray Hearing

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CONCLUSION

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2 By preponderance of the evidence and based on the foregoing reasons, the Court

3 DENIES Defendant ' s Motion to Reconsider on the basis of ineffective assistance of counsel. 4 is set for at 5 SO ORDERED this ) day of DECEM ER, 2014.

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10 HONORABLE ANITA A. SUKOLA 11 Judge, Superior Court of Guam

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23 SE E VIA COURT r X

24 I ar ledge that a copy of the oriy j he§9to w K y4 25 cou

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People v . PATRICK M. CASTRO (CF 296-12) Page 5 of 5 Decision and Order - Defendant's Motion to Reconsider After Evidentiray Hearing