People v. Cruz

Opinion

IN THE SUPERIOR COURT OF GUAM

THE PEOPLE OF GUAM ) CRIMINAL CASE NO. CF0230-09 ) VS. 1 ) JOSEPH BENNY CRUZ, JR., ) DECISION AND ORDER 1 Defendant. ) ) 13

14 This matter came before the Honorable Alberto C. Larnorena I11 on July 7,2009 on Defendant's Motion for Diversion. Attorney Kimberli Raines appeared on behalf of the People of Guam. Appearing on behalf of Defendant was Attorney Maria G. Fitzpatrick. After reading the parties' briefs, the Court took the matters under advisement. The Court now issues its Decision and Order.

FACTUAL HISTORY

On May 3,2008, the Defendant was arrested and subsequently charged with two counts of Terrorizing and Family Violence as a Third Degree Felony, and Harassment as a Petty Misdemeanor.

25 11 DISCUSSION 26 11 Though Defendant is statutorily eligible for diversion under Title 9 G.C.A. $30.80(a), the 27 11 People object to Defendant's motion, arguing that Defendant has a serious criminal history, making Defendant not eligible for the diversion process. Defendant argues that he is in need of 2 I criminal history has been clean for the last nine years, and none of the charges were violent in 3 I1 nature. 4 (1 The Court has the discretion, under Title 9 G.C.A. §30.80(e), to consider an application 5

6 I( 1I for the diversion process from the Defendant. Under §30.80.l(a), the Court considers the nature and extent of the injury inflicted upon the victim, any prior incidents of family violence by the 7 (1 Defendant, and any factors which would adversely influence the likelihood of successful 8 1Icompletion of the diversion process. 11 There are no allegations of injury inflicted upon the victim. Though Defendant has a prio lo I criminal record, there are no prior incidents of family violence. Defendant's prior record, and II current open cases, weigh adversely against the likelihood that he will successfully complete the 12 11 diversion process. However, none of Defendant's priors appear to be crimes of a violent nature.

CONCLUSION

Based on the above, Defendant's Motion for Diversion is hereby GRANTED. A trial setting will be held on August 17,2009 at 2:00 P.M. 18

19 IT IS SO ORDERED this 3" day of August, 2009. .orlw Signed By: 20 Ron. Nberto C.L a m m m Alberto C. Lamorena I11 Presiding Judge Superior Court of Guam