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4
5
6 IN IN THE
THE SUPERIOR COURT OF
OF GUAM
GUAM
. 7 PEOPLE OF GUAM, GUAM, ) CRIMINAL CRIMINAL CASE no.
NO.CM0027-23
CM0027-23
8 )) GPD GPD R€poIlt no. 23-02169
Report NO. 23-02169
)
9 vs. ))
10 10 ) DECISION AND AND ORDER
ORDER RE.
NATHAN NATHAN EDWARD EDWARD CASTRO, )) DEFENDANT'S DEFENDANT'S MOTION
MOTION FOR A
11 11 DOB:
DOB:12/17/1981 1211711981 ) DEFERRED PLEA PLEA
12 12 ))
Defendant. ))
13 13 _______________))
14 14 I. INTRODUCTION 15 15 This matter came before
matter came before the
the Honorable
Honorable Judge
JudgeMaria
MariaT.T. Cenzon
Curzon on
on Defendant's
Defendant's Motion
16 16 for aa Deferred Deferred Plea
Plea and
and Memorandum of Points and Authorities Memorandum of Authorities (the (the "Motion").
"Motion"). Defendant
Defendant
17 Nathan Edward Edward Castro
Castro("Defendant")
("Defendant") appeared with counsel appeared with counselWilliam William Pole
Pole via
via Zoom. Assistant
Assistant
18 18
19 19 Attorney General General Joey SanNicolas
Nicolas appeared
appearedfor
forthe
thePeople
Peopleof
ofGuam
Guam(the
(the"People)
"People) via Zoom. On
20 20 January 19,2024, January 19, 2024,the theCourt tookthe
Courtook underadvisement matterunder
thematter advisement pursuant pursuant to to
CVRCVR 7.1(e)(6)(D) of
7.l(e)(6)(D) of
21 the LOCAL RULES the LOCAL RULES OF OF THE
THESUPERIOR
SUPERIORCOURT
COURTOF
OFGUAM
GUAMand
andAdministrative
Administrative Rule
Rule Nos.
22 06-001. After reviewing 06-001. After reviewingthe the Motion
Motionand
andhaving
havingheard
heard oral
oralargument
argument by
by both
both parties,
parties, the Court
Court
23
now issues thisDecision issues this Decisionand
andOrder
OrderGRANTING
GRANTING the
the Defendant's
Defendant's Motion
Motion for
foran
an Order
Order Granting
Granting
24 24
25 25 a Deferred Plea.
26 // II 27 27 // II 28 People v. Castro, People Castro, CM0027-23 Decision Decision and re. Defendant's and Order re. Defendant's Motion Motion for
for an
an Order
Order Granting a Deferred Deferred Plea
Plea
Page 11 of10
oflO
II. BACKGROUND
1
2 Defendant Defendant isis charged
chargedwith
withfour
four(4)
(4) counts
countsof
ofChild
ChildAbuse
Abuse(As Misdemeanor).'1 Police (As aa Misdemeanor). Police
3 th reviewed security reviewed security footage footage that
that showed four incidents:
incidents: on January
January77th,
, 2023, Defendant
2023, struck
Defendant sick L.C.
L.C.
4 .. . ..
(3 (3 years-old, years-old; "Vlctlm")
"Victim")ononthe
theface,
face;ononJanuary 11 th ,2023, Januarynth, 2023, Defendant Defendant again
again struck Vlctlm on
struck Victim on the
5 face, face; on on January 19,2023,
January 19, 2023,Defendant Defendantpushed
pushedover
overVictim's
Victim'shighchair,
highchair,causing
causingVictim
Victim to
to fall;
fall, and
6
on January on 24,2023, January 24, 2023,Defendant Defendantpushed
pushed Victimfacedown
Victim ontoa acouch facedownonto and couchand stockVictim's
struck Victim's lower
lower
7
8 8 body with with what
what appeared to
to be
be a slipper.
slipper. Magistrate's
Magistrate's Con pl., (Jan.
Compl., (Jan. 25, 2023).
9 Defendant filed its Motion filed its Motionfor
foraa Deferred
DeferredPlea
Pleaand
and Memorandum
Memorandum of Points
Points and Authorities
Authorities
10 10 on October on 2023. In October 25, 2023. In the Defendant moves Motion, Defendant theMotion, moves for for the
the four
four (4)
(4) counts
countsof
of Child
Child Abuse
Abuse (As
(As
11 11 a Misdemeanor) to to be
be deferred
deferred pursuant
pursuant toto 99GCA
GCA §30.80.1. Mot. at
at 1. Defendant expresses expresses love
love
12 12
13 1 for the child, regardless of for ofwhether whether Defendant
Defendant can adopt the
the child
child or
or not,
not, and
andDefendant
Defendantisiswilling
willing
14 14 to go go through through counseling,
counseling, anger
anger management,
management, and parenting classes to parenting classes to become aa better better parent.
parent.
15 Mot. Mot. at at 3.
3. Defendant
Defendant enrolled
enrolledininaacourse
coursein
inparenting
parentingsupport/skills
support/skills on
on October
October24, 2023. 2
24, 2023.2
16 III. 111. DISCUSSION
17 17 A. The
The Guam
Guam Legislature
Legislature has declared its statutory declared its statutory intent intent to
to allow
allow "first
"first time
18 18 offenders" offenders" of Family
Family Violence
Violence to
to receive
receive counseling, education and counseling, education and treatment treatment
19 19 pursuant to a deferred plea.
20 Guam PublicLaw Guam Public Law 31-103
31-103(Oct.
(Oct.4,4,2011)
2011)isisentitled
entitled"AN
"ANACT AMEND § 10405(b)
ACT TO AMEND§ 10405(b)
21 OF CHAPTER 40, TITLE CHAPTER 40, TITLE 7, 7, GUAM
GUAM CODE
CODE ANNOTATED;
ANNOTATED; AND
AND TO REPEAL
REPEAL AND
22 REENACT REENACT §§30.80 THROUGH 30.80.5 §§30.80 THROUGH 30.80.5OF OFCHAPTER
CHAPTER 30,
30,TITLE
TITLE 9,
9, GUAM
GUAM CODE
CODE
23 23 24 ANNOTATED, ANNOTATED, RELATIVE RELATIVE TO
TO DEFERRED
DEFERRED PLEAS
PLEAS FOR
FOR DOMESTIC
DOMESTIC VIOLENCE
VIOLENCE
24
25 25
26 26 11 Original (January25, Original Magistrate's Complaint (January 25,2023)
2023)charged
chargedDefendant
Defendantwith
withfive
five(5)
(5) counts
countsof
of Child
Child Abuse
Abuse (As
(As a
th
Misdemeanor), Decision and Misdemeanor); Decision and Order Order on
on September
September 19,19, 2023
2023 dismissed
dismissedthethe55th countofofChild count Child Abuse
Abuse (As
(As a
27 27 Misdemeanor)
Misdemeanor) 2 2 SeeExhibit See Exhibit A A attached toDefendant's attached to Defendant's Mot.
Mot.
28 v. Castro,
People v, Castro, CM0027~28'
CM0027-23
Decision Decision and
and Order re.
re. Defendant's
Defendant's Motion
Motion for
for an
an Order
Order Granting
Granting aa Deferred
Deferred Plea
Page of 10 Page 2 oflO
ABUSERS." Within Within the language of
of the law itself, the Legislature Legislature declared an unequivocal unequivocal intent
1
22 to permit "first-time" family violence offenders offenders the
the opportunity
opportunity to
to participate in a "deferred plea"
3 of the Bureau of agreement after it adopted the findings of agreement of Justice, the National Coalition Against 4 Domestic Vlolence, Domestic Violence, the the American
AmericanBar
Bar Assoclatlon
Associationand
and most
most national
national vlctlms'
victims' support
support groups "that
5 first-time offenders if first-time offenders receive counseling, education and in some cases, cases, clinical treatment, treatment; they
6
7 are less less likely likely to
to reoffend."
reoffend." Family
Family Violence
Violence Act,
Act, Pub.
Pub. L.
L. 31-103:1 (2013).
31-l03:l (2013).
7
8 statute relating The resulting statute relating to to the
the deferred
deferred family
family violence
violence plea is codified in Sections
99 30.80 through 30.80.5 30.80 through of Chapter 30.80.5 of Chapter 30,
30, Title
Title 9,
9, Guam Code Annotated.
Guam Code GCA §§ 30.80.1 9 GCA
Annotated. 9 provides 30.80.1 provides
10 10 eligibility requirements the eligibility requirements under under the
the deferred
deferred plea
plea and
and includes
includes an
an absolute
absolute bar
bar to defendants
defendants
11 II who fall who tau within within 99 GCA
GCA§30.80.l(a)(l)-(4).
§30.80.1(a)(1)-(4).
12 12
13 1 99 GCA
GCA §30.80.1(a)(1)-(4) provides the §30.80.l(a)(l)-(4) provides the following following eligibility
eligibility requirements:
requirements:
14 14 The following (a) The following persons persons are
are ineligible for
for the deferred plea for family violence process:
15 15 (1) a defendant who has a felony felony conviction
conviction for any
any offense
offense involving
involving violence
violence within
16 16 seven (7) years prior to seven to the the alleged
alleged commission
commission ofof the charged offense;
offense,
17 17 (2) a defendant defendant who
who has
has participated
participated in a diversion or deferred plea program for family family
violence, or
or a similar offense in Guam or another locality, locality;
18 1
19 (3)
(3) aa defendant who has
defendant who has been
been sentenced
sentenced for
for aa violation
violation ofof §30.40
§30.40 of
of this
this Chapter
Chapter
(1) year prior to
within one (1) to the the alleged
alleged commission of of the charged offense; or offense,
20
(4) a defendant whose current current charge serious bodily injury charge involves serious injury as as defined in
21 Subsection Subsection ((c) of §l6.l0, c) of §16.10, Chapter
Chapter 1616 of
ofthis
this Title,
Title, oror criminal
criminal sexual
sexual conduct
conduct
22 involving involving sexual
sexual penetration
penetration as
as defined
defined in
in Item
Item (9)
(9) ofofSubsection
Subsection(a)(a) ofof§25
§25.20,
Chapter 25 ofof this Title, unless the court finds that due to unusual circumstances 23 23 deferral of the criminal crirninal"proceedings
proceedings is
is manifestly
manifestly inin the
the interest
interest of
ofjustice.
24
25
26
27
28 People v.
v. Castro,
Castro, CM0027-23
CM0027-23
Decision Decision and re. Defendant's and Order re. Defendant's Motion Motion for
for an
an Order
Order Granting a Deferred Plea Page 3 oflO
of10
Of course, a defendant Of defendant who is not automatically ineligible for a deferred plea based upon 1
2 of preclusion the conditions of preclusion is is not
not guaranteed aa deferred plea. 3 deferred plea.3
3 Instead, the Instead, the law places
places the onus upon the
the prosecution,
prosecution, the first
first instance, to determine 4 .
eligibilityand eligibility and whether whether such
such a deferred plea would be extended to a defendant who who qualifies:
qualifiesl
5 prosecuting attorney
(c) The prosecuting attorney shall determine defendant is determine whether the defendant is ineligible ineligible for
for
6 deferral by reason deferral by reason of
of any
any of
of the
the factors
factors set forth in
set forth Subsection (a)
in Subsection (a) of
of this
this §30.80.1. If
§30.80.1. If
7 the prosecutor finds that the the person is not ineligible, and will agree to a deferred pea, the prosecutor shall notify notyv the defendant.
8 If the prosecutor finds
(d) If finds that the defendant is ineligible, or if the prosecutor will not 9 agree to a deferral deferral although the
the defendant is not excluded by reason of of Subsection (a)
10 of this §30.80.1, of this §30.80.l, the
the prosecutor
prosecutor shalll l notify n o t e the defendant.
11 11 99 GCA GCA §30.80.1(c), (d) (emphasis §30.80.l(c), (d) (emphasis added).
added).
12 12
13 13 statute then
The statute then provides provides that
that "any
"any defendant who is
is not
not specifically
specifically ineligible for the
14 deferral process deferral process pursuant to Subsection pursuant to Subsection (a) of this (a) of this §30.80.1 may apply §30.80.1 may for the apply for the court,
court, by
by notice
notice for
for
15 15 an order granting an order granting aa deferred deferred plea."
plea." 9
9 GCA
GCA §30.80.1(e).
§30.80.l(e).
16 16 In any event, under the deferred deferred plea provisions
provisions of the
the Family
Family Violence
Violence Act, the prosecutor 17 17 18 is required to of eligibility and to notify the defendant of to make a determination of of such eligibility, eligibility;
18
19 19 or, if he or she is eligible, eligible, but the prosecutor prosecutor will not
not agree
agree to
to aa deferral,
deferral, the
the prosecutor
prosecutor is still
still
20 20 required to notify the defendant. No such determination was made nor notice as required under 21 30.80.1 c) and (d)
Section 30.80.1(c) d) were were provided in this case. Consequently, Defendant filed the instant 22 80.30.l(e).
Motion pursuant to Section 80.30.1(e).
23 23 Thus, the Court must
must now determine (1) if the defendant is not ineligible under Section 24 24
25 25 30.80.1 (a)(l)-(4), 30.80.1 (a)(1)-(4), and (2) if the and (2) the defendant is not not ineligible
ineligible -- or
orto
to put
putititmore
moreclearly
clearly...- if he is
26 26
27 3 3 9 9 GCA GCA§§30.80.l(b)
30.80.l(b)("[t]he
("[t]he fact
fact that defendant is that aa defendant is not not made
made ineligible
ineligible by
by Subsection
Subsection (a)
(a) ... does
does not automatically entitle a defendant to defendant to the thedeferred
deferredguilty
guiltyplea
pleafor
forfamily
family violence.").
violence.").
28 People v. Castro, CM0027-23 People CM0027-23 Decision Decisionand
and Order
Order re. Motion for re. Defendant's Motion for an an Order
Order Granting
Granting a Deferred Plea
Plea
Page 4 oflO10
x
{
agreement." agreement." 9
9 GCA
GCA §30.80.2(a).
§30.80.2(a). The
TheCourt's
Court's decision
decisionin
inthis
this matter
matter shall
shall be
be final
final and
and shall
shall not
1
2 constitute constitute an appealable order.
an appealable order. 99 GCA GCA §30.80.2(d).
3 B. The The Defendant is not
not ineligible
ineligiblefor deferred plea.
for aa deferred
4 After reviewingthe After reviewing requirements and therequirements facts of and the facts the Defendant's ofthe particular facts Defendant's particular and facts and
5 circumstances, notwithstanding circumstances, lackof notwithstandingaalack family violence of aafamily misdemeanor charge, the Court finds violence misdemeanor
6
that Defendant has that Defendant hassatisfied satisfied99GCA
GCA §
§ 30.80 by filing
30.80 by filing aa proper proper pre-tn'al motion where he agrees to pre-trial motion
7
8 volunteer a guilty plea to a misdemeanor chargeof misdemeanorcharge family violence offamily and to participate violence and in education, pafficipate in
9 can be as can
treatments) as
and/or treatments) also not Defendant isis also
The Defendant
Court. The
this Cou1"c.
directed by this
counseling, and/or counseling, be directed 10 10 ineligible as outlined ineligible as outlinedby
by 99 GCA
GCA §30.80.1 (a) since
§30.80.1 (a) since (1) he he does
does not
not have
have any
any prior
prior felony
felony
11 11 convictions for convictions any offense involving for any violence, (2)
involving violence, hehas (2) he notpreviously has not participated in aa previously participated
12 12
133 1 program for
diversion or deferred plea program violence or for family violence similar offense or similar in Guam offense in or any
Guam or other
any other
14 14 1oca1ity4, (3)he locality4, (3) notbeen hasnot hehas beenpreviously previouslysentenced
sentencedfor
fora aviolation
violationof
of99GCA
GCA §30.40, and (4)
§30.40, and (4) he
he
15 15 does not have a current charge him for againsthim
charge against serious bodily injury or for serious criminal sexual or criminal conduct sexual conduct
16 16 involving involvingsexual
sexual penetration.
penetration.
17 17 The Court
Court turns to analyze Defendant's child abuse turns to charge to abuse charge assesswhether to assess heisiseligible whetherhe eligible
18 18
19 19 under under 99 GCA
GCA §§30.80
30.80 for
foraadeferred
deferredplea.
plea. Statutory
Statutory interpretation
interpretation is
is aa legal
legal question,
question, and
and the
the
20 inquiry always begins with with the
the language ofthe
language of statute. Data the statute. Data Mgmt.
Mgmt. Res.,
Res., LLC
LLCv.v. Oj§'ice
Office of
ofPub.
21 21 Guam 27,
Accountability, 2013 Guam Gutierrez, 2002 27, citing Aguon v. Gutierrez, Guam 14.
2002 Guam statute's plain 14. A statute's
22 22 meaning prevails absent meaning clear legislative absent clear intent to the legislative intent contrary. Sumitomo the contrary.Sum Const., Co.
itomo Const., v. Guam, Co. v.
23
24 2001 2001 Guam.
Guam.
24
25 25
26
27 27 44 In In an
an earlier program, but such participation occurred well diversion program,
in aa diversion
participated in
previously participated
Defendant previously
case, Defendant
earlier case,
before the passage of the Amended Family Violence Acts.
the Amended
28 28 People v. Castro, People v. CM0027-23 Castro, CM0027-23
Decision Decision and re. Defendant's and Order re. Defendant's Motion Motion for
for an Deferred Plea Order Granting a Deferred an Order Plea Page 5 oflO
10
r meaning meaning prevails absent clear legislative absent clear legislative intent intent to
to the
the contrary.Sum itomo Const., contrary. Sumitomo Const., Co.
Co. v.
v. Guam,
Guam,
1
2 2001 2001 Guam.
Guam.
3 Whether determining a statute's statute'splain
plainmeaning
meaningor
orits
itsanimating
animatinglegislative
legislative intent,
intent, the Court
4 . u - . . . . . . iv must read a statute must statute in in its
itsentirety
entlretyand
andconstrue
construeititin
inconjunction
conjunction with
wlth the
the "entire
"entire statutory
statutory scheme."
scheme.
5 5 Id.; People v. Id., v. Tedtaotao, 2015 2015 Guam
Guam 9. It
It is
is the
the Court's
Court's "duty
"duty is
is to
to interpret
interpret statutes
statutes in
in light of
6 7 their terms and legislative legislative intent .... v. Quenga, ...." People v. Quenga, 2015 Guam 39 (quotingPeople v.
39 (quoting v, Flores, Flores,
7
8 8 2004 Guam.
Guam.
9 The statute unequivocally states states that a defendant can only defendant can only seek deferred plea as seek a deferred as "to a
10 misdemeanor charge of family violence, violence, as
as defined in
in this Chapter..." 99 GCA this Chapter..." GCA § 30.80.
30.80. Under 9
11 GCA GCA§30.10, §30.10, "family "familyviolence"
violence"isisdefined
definedas
as one
one or
or more
more of
of the following
following acts:
acts:
12 12
13 13 (1) (1) Attempting
Attemptingtotocause
cause or
orcausing
causing bodily
bodilyinjury
injurytotoanother
another family
family or
orhousehold
household member,
member;
(2) (2) Placing
Placinganother
another family
familyororhousehold
household member
member in in reasonable fear of reasonable· fear of imminent bodily bodily
14 14 injury, mJury; or
(3) (3) Knowingly
Knowinglyororintentionally, intentionally,against
againstthe
the will
willofofanother,
another, impeding
impeding the
the normal
normal
15 15 breathing or circulation breathing or circulation of of the
the blood
blood of aa family
family oror household
household member by applying 16 16 pressure to the pressure to throator thethroat orneck
neckororby
byblocking
blocking the
thenose
noseor
ormouth
mouthof ofaafamily
family or
household member.
member.
17 17 "Family "Familyor
or household
household members"
members" include:
18 18
19 19 (1) Adults Adultsororminors
minorswho
whoareare current
current or
or former
former spouses,
spouses;
(2) (2) Adults or minors who live together or minors who live together or who together;
have lived together,
20 20 (3) Adults Adultsororminors
minors who
who are
are dating
dating or
or who
who have
have dated,
dated;
(4) 4) Adults
Adultsororminors
minorswho
whoareare engaged
engaged in in or
or who
who have
have engaged
engaged in
in aa sexual
sexual relationship,
relationship;
21 (5) Adults or minors
minors who are are related related byby blood
blood or
oradoption
adoption to
to the
the fourth
fourth degree
degree of
of
22 22 affinity;
affinity;
(6) 6) Adults
Adultsororminors
minors who
who are
are related
related or formerly related related by marriage,
marriage;
23 23 (7)
(7) Persons
Persons who
who have
have aa child
child in
in common,
common; andand
(8) (8) Minor
Minorchildren
childrenofofaaperson
personin inaarelationship relationship described
described in
in paragraphs
paragraphs (1)(1) through (7)
through (7)
24 24 above.
25 25 9 9 GCA GCA §§30.10 30.10 (b)
(b) (emphasis
(emphasis added).
added).
26
27 27
28 28 People People v.
v. Castro,
Castro, CM0027-23
CM0027-23
Decision Decision and
and Order re.
re. Defendant's Motion
Motion for
for an
an Order
Order Granting a Deferred Plea Plea
Page 6 oflO
of10
l
The Victim
Victim here
here is
is aa foster
foster child
childwho
whowas
wasunder
under the
the care
care of
ofDefendant
Defendant and
and Adela
Adela Lucan
Lujan
1
2 2 on behalf of familymember.
of aa family Compl.
Magistrate's Con
member. Magistrate's (Jan. 25, pl. (Jan. 25, 2023)
2023) As
As defined
definedby
bystatute,
statute, the
the
3 3 is therefore Victim is therefore aa family familyororhousehold
household member
member ofofthe
theDefendant.
Defendant. Thus,
Thus, because
because the
the
4 . . . . ..
abuse charge
Defendant's child abuse charge is brought brought forth
forth upon the
the claim he caused
caused bodily
bodily injury upon a
5 family member member or
or placed
placed the family member
member in
in reasonable
reasonable fear of imminent imminent bodily injury,
injury, the
the
6
7 misdemeanor child misdemeanor child abuse abusecharge
chargeisisaamisdemeanor
misdemeanorfamily
family violence
violence charge as defined by Guam Guam
7
8 statutes. The statutes. TheDefendant Defendantisistherefore
thereforealso
alsoeligible for aa deferred eligible for deferred plea plea as
as to
to his
his child
child abuse
abuse charge.
9 9 Indeed, the the People often offered People have often offereddeferred deferredchild
childabuse
abuse pleas
pleas in
in the
the past before this Court.
10 Legislativeintent Legislative intent affirms affirmsthis
this finding.
finding. First,
First, Gualn's
Guam's legislature
legislature seems to have codified codified the
11 11 statute at statute at issue issueatatleast
leastininpart becauseofofthe partbecause thepremise premisethat
that"first-time
"first-timeoffenders"
offenders"whom
whom "receive
"receive
12 12
13 counseling, education, education, and
andininsome
somecases,
cases,clinical
clinicaltreatment
treatment......are
areless
lesslikely
likelytotoreoffend."
reoffend." Family
Family
14 14 Violence Act, Act, Pub.
Pub. L.
L. No.
No.31-109
31-109 (2013).
(2013). Interpreting
Interpreting "family
"family violence"
violence"to
toinclude
include child
child abuse
abuse
15 15 would allow the the Defendant here, aa first-time Defendant here, first-time family family violence offender, offender, to
to receive
receive counseling,
counseling,
16 education, and clinical education, and clinical treatment treatmentthat
thatcould
couldmake
makehim
himless
lesslikely
likelyto
to offend.
offend.
17 17
Secondly, the
the current
current 2013 statute
statute amended the original 1994 amended the 1994 statute, statute, which
which Guam's
Guam's
18 18
19 19 Legislature Legislature enacted Guam'sheavily enacted to "assist Guam's heavily burdened burdenedcourts"
courts"by
byproviding
providing judges
judges with
with "greater
20 authority authority to divert divert appropriate defendants into enforced appropriate defendants enforced education education and
and treatment programs."ll treatment programs.
21 Family Violence Violence Act, Pub. L. No.
Pub. L. No. 22-160
160(1994).
(1994).Again,
Again,interpreting
interpreting"family
"family violence"
violence" to include
22 child abuse child abuse would would not
not make
makethe
theDefendant
Defendantineligible
ineligible for
for a deferred plea,
plea, which would help clear 23
precious state state resources
resourcesby
byavoiding
avoiding the
the further
furtherprosecution
prosecutionof
ofthe
theDefendant,
Defendant,thereby
thereby"assist[ing]
"assist[ing]
24
25 25 Guam's Guam's heavily burdened courts." The burdened courts." The Court must must recognize
recognize that
that "[w]here
"[w]here aa criminal
criminal statute
statute is
26 26 ambiguous, the the rule
ruleoflenity to construe of lenity requires [the Court] to construe the statute statute in
infavor
favor of
ll
the defendant." of the
27 27 v. Tenorio, 2007 Guam People v. Guam 19.
19.Hence,
Hence, any
anyambiguity
ambiguity is
is resolved
resolved by the legislative intent that legislative intent that
28 28 People v. Castro, CM0027-23 People
Decision and Decision re. Defendant's and Order re. Defendant's Motion Motion for
for an
an Order
Order Granting a Deferred Deferred Plea
Plea
Page 7 oflO
weighs in favor of weighs of consoling construing the
the Defendant
Defendant as
as eligible
eligible for
for aa deferred
deferred plea,
plea, both
both to his
his
1
2 2 misdemeanor family violence violencecharge
chargeand
and his
his misdemeanor
misdemeanor child
child abuse
abuse charge.
3 Lastly, Lastly, the
the Court
Court finds persuasive the rulings of other courts within within the
the Superior Court of
of
4 . . . . .
these issues.
Guam on these Issues. In In these
these cases,
cases,defendants
defendantswere
were charged
chargedwith
wlth various
various offenses, including 5 family violence violenceand
and child
childabuse,
abuse, as
as here, and the
the courts
courts there
there all
all deemed
deemed the
the defendants
defendantseligible
eligible
6
7 for at at least least consideration.
consideration. See
See People v.
v. Fernandez II, CF0573-10 (June Fernandez II, (June 17, 2011), 2011); People v.
v.
7
8 8 Mafhin, Mafthin, CF0646-11 CF0646-11 (Nov.
(Nov. 30,
30, 2012),
2012); People v. Dafiow, CFOS00-11 (Mar. 13, v. Dafrow, 13, 2012), 2012); People
People v.
v.
9 Castro, CF0631-11 (June Castro, 7, 2012).
(June 7, 2012). Admittedly, Admittedly, all
allthe
the cases
cases are
are based on the prior statute before statute before
10 it on April it was amended on April 11, 11, 2013.
2013. However,
However,because
becausethe
theprior
priorstatute
statute and
and amended
amended statute
statute serve
11 11
the same purpose purpose and
and the
the amendment
amendmentwas
waslargely technicality of largely aa technicality of swapping swapping words
words (many edits
12 12
13 13 were changing "diversion", "divertee", changing "diversion", "diverted", or or "diversion process"
process" to
to "deferral
"deferral of plea", "deferred "deferred
14 14 pleader", and "Deferred "Deferred Plea
Plea Agreement"),
Agreement"),these
thesecases
cases remain
remain highly persuasive.
persuasive.
15 15 For For these reasons,
reasons, this
this Court
Courtfinds
Endsthat
thatthe
theDefendant
Defendantisiseligible
eligible for
for a deferred
deferred plea for the
16 16 four (4) four (4) counts counts of
ofmisdemeanor child abuse misdemeanor child abuse after analyzing the after analyzing theterms termsof
of 99GCA
GCA §§ 30.80 as well
30.80 as well
17
as its legislative legislative intent.
intent. The
The statute meantto statute was not meant to be be utilized
utilized strictly by defendants with literal defendants with
18 18
19 19 misdemeanor family violence violencecharges
chargesbut
butrather
rather any
any misdemeanor
misdemeanor charge
charge accusing
accusing a defendant
20 20 of of "causing "causing bodily bodily injury
injury to
to another family or
another family or household householdmember."
member."99GCA
GCA §§ 30.10
30.10(a)(l).
(a)(1).
21 The statute wasalso
statute was alsomeant
meanttotobe
beutilized
utilizedby
byfirst-time
first-timefamily
family violence
violence offenders so they 22 could receive the the necessary treatment to necessary treatment to avoid any future future offenses. Here, the Defendant is not a 23
24 first-time since he first-time offender since he was was previously
previously charged
charged with
with family
family violence;
violence, however, he would 24
25 25 benefit from treatment so as treatment so as to
to prevent
preventhim
him from
from reoffending.
reoffending. Thus,
Thus,he
he isis not
not ineligible
ineligible for a
26 26 deferred deferred plea under 99 GCA plea under GCA §30.80.
§30.80.
27 27 //II 28 v. Castro,
People v. Castro, CM0027-23 Decision Decision and
and Order re. Defendant's Motion Motion for
for an
an Order
Order Granting
Granting aa Deferred
Deferred Plea
Page 8 oflO
of 10
c. C. The Defendant
The Defendant isis entitled entitledtotoaadeferred
deferredplea
pleapursuant
pursuanttoto99GCA
GCA §§30.80.2(a).
1
2 a. The Thenature
natureand
andextent
extentof
ofinjury
injuryinflicted
inflicted upon
upon the
the victim.
I
3 As to the nature and extent of the the injuries
injuries inflicted upon the the victim,
victim, as set forth
forth in the
4 4 Complaint and the the observations by the
observations by the police officers, officers, these
these are worrisome to the Court.
Court. The
5 Court must also consider the Victim's opposition opposition to allowing
allowing Defendant
Defendant to benefit
benefit from a deferred
6
7 plea. The Court Court recognizes the Public Law 31-109 recognizes that the 31-109 recognized recognized that
that "obtaining
"obtaining justice for
for
7
88 victims of of domestic violence largely outweigh outweigh the
the desires of was in of their abusers]" however, that was
99 the context of of eliminating
eliminating the
the diversion
diversion program
program -- which
which offenders
offenders preferred
preferred -- over
over implementing
implementing
10 the deferred plea, the plea, which continues continues to defendant accountable to hold a defendant accountable by the plea if the entering the by entering the 11 offender fails offender fails to to complete
completethe
the treatment
treatment components and other conditions of components and of his probation.
12 12
13 13 In this
this case, the Victim suffered four separate incidents of child abuse by the the Defendant:
14 on January 7, 2023, Defendant struck Victim Victim on the
the face;
face, on
on January
January 11, 2023, Defendant again again
15 15 stick struckVictim Victimon
onthe
theface,
face;on
onJanuary
January19,
19,2023,
2023,Defendant
Defendant pushed
pushed over
over Victim's
Victim's highchair,
highchair,
16 16 causing Victim Victim to
to fall,
fall; and
and on January 24, 2023,
2023, Defendant
Defendant pushed Victim
Victim facedown
facedown onto
onto a couch
17 17 and struck Victim's lower lower body with what appeared to to be
be aa slipper.
slipper.Magistrate's
Magistrate's Compl.
Con (Jan. 25,
118
19 19 2023) Thus, Thus, the
the extent
extent of
of the
the injuries
injuries upon the minor
minor victim,
victim, while
while not
not life-threatening,
life-threatening, still
20 20 weighs against against granting
granting the
the Defendant
Defendant a deferred plea.
21 b. Any
Anyprior
priorincidents
incidentsofoffamily
familyviolence
violence by
by the
the Defendant.
Defendant.
22 I
The Defendant
Defendant was
was charged in a case with a violent violent crime that has since been expunged 23
24 from Defendant's record. Importantly, Defendant's record. Importantly, that that charge
charge was
was related to
to family
family violence and
and the statute
24
25 25
26
27 27
28 28 People People v.
v. Castro,
Castro, CM0027-23
CM0027-23
Decision Decision and
and Order re.
re. Defendant's Motion
Motion for
foran
an Order
Order Granting Plea Granting a Deferred Plea
Page 9 oflO
of10
explicitly calls for this Court to to factor
factor prior
prior incidents
incidents of
of family Defendant. 4 In the family violence by the Defendant.4 1
2 2. expunged case, expunged case, the the Defendant
Defendant was alleged to
was alleged to have
have squeezed
squeezed the
the victim's neck and threw her
3 against typhoon shutters. Thus, this this factor
factor weighs
weighs against granting
granting the
the Defendant
Defendant a deferred plea.
4 Any factors c. Any factors that
that would
would adversely
adversely influence
influence the
the likelihood
likelihood of
of successful
successful
5 of the deferred plea agreement.
completion of
6 The Defendant's prior criminal history suggests he possess the ability to to comply with any
7 court orders orders and/or treatment
treatment plans.
plans. That
That Defendant
Defendant successfully
successfully completed
completed the
the conditions of
of a
8 agreement in
deferred plea agreement in aa separate case also also confirms his ability to to complete a deferred guilty 9
10 10 plea agreement this case.
agreement in thls
11 11 IV.
v CONCLUSION
12 12 For the reasons set forth forth herein,
herein, the
the Court hereby
hereby finds
finds that the
the Defendant
Defendant is eligible and 13 1 entitled to aa deferred entitled to deferred plea plea for
for the
the child
child abuse
abuse charges
charges pursuant to 99 GCA pursuant to GCA §30.80.1 §30.80.1 IT IS
14 14 HEREBY ORDERED that the the Defendant's Motion for for an
an Order
Order Granting
Granting aa Deferred
Deferred Plea is
15 15
16 16 GRANTED.
17 17 are ORDERED The People are to provide ORDERED to provide Defendant Defendant a deferred
deferred plea
plea consistent
consisted with the
18 18 Court's decision Court's decision herein herein within
within thirty
thirty (30)
(30) days
days of
of the issuance of
of this Decision and Order.
19 19
20 SO ORDERED this 2/4/sow 21 SERVICEVIA SERVICE VIAEnnmuu.
Eftlli:UL
I acknowledge that an electronic
22 copy of the
the original was e-mailed to: ON0 E MARIA T . CENZON period Court of Guam
23 p.c,, Ae=,.w-pda
c W-P,:;(e, .
Date: qi-s Date:'H~f,.~ime:
me: l[°'-fqa
H!.tf'l,tt.,.
nun
24 24 A%wlv»a. ~Rlo l 6¢q*7/ Crv-v
25 Deputy Clerk, Supblior Court of Guam
26
27 27 4 See 4 See 99 GCA GCA §§ 30.80
30.80 (offenses
(offenses dismissed
dismissed under
under this
this Section
Section [30.80]
[30.80] and/or
and/or under
under a family
family violence diversion count as prior offenses in the application of minimum sentences under program shall count under this Chapter).
28 28 People v. Castro, People Castro, CM0027-23 Decision Decision and
and Order
Order re. Motion for re. Defendant's Motion for an an Order
Order Granting a Deferred Deferred Plea
Plea
Page 10 of10
10 oflO