People v. Doone

Opinion

3 CLERK OF 4 IN THE SUPERIOR COURT OF GUAM": _ _ 5

6 ) CRIMINAL CASE NO. CM845-12 PEOPLE OF GUAM )

7 )

) DECISION AND ORDER

8 )

v. ) (Defendant's Motion for Civil 9 ) Compromise)

WEIPO DOONE aka TRAVER TODD )

10 )

RUBEN aka TREVOR RUBEN, )

11 DOB: 5/5/1991 )

Defendant. )

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13 INTRODUCTION 14 This matter came before the Honorable Anita A. Sukola on April 25, 2013, on Weipo 15 Doone's ("Defendant") Motion for Civil Compromise. Defendant was represented by Assistant 16

17 Public Defender Jocelyn M. Roden. Assistant Attorney General Sean E. Brown appeared on

18 behalf of the People of Guam ("the People"). Following the hearing, the Court took the matter 19 under advisement. Upon review of the evidence, written arguments and legal authorities 20 presented by both parties, the Court hereby issues this Decision and Order GRANTING 21 Defendant's motion.

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23 BACKGROUND

24 Defendant was charged with Assault (as a Misdemeanor) on September 24, 2012. 25 Magistrate Complaint (Sept. 24, 2012). On October 3, 2012, Defendant was arraigned.

26 Defendant pled not guilty and demanded a jury trial of six. Likewise, Defendant waived his 27 right to a speedy trial. Super. Ct. of Guam Minute Entry Log No. 13707 (Oct. 3, 2012).

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People v. Weipa Doone (CM845-12) Page 1 of 4 Decision and Order- Defendant's Motion for Civil Compromise

On January 22, 2013, Inocy Made, the alleged victim in the instant case, filed a 1

2 Declaration. The Declaration stated inter alia, that the victim does not "object to dismissal of

3 this case by way ofthe Civil Compromise statute." Decl. ofVictim (Jan. 22, 2013). The victim 4 also declared that he "acknowledged that [he] received satisfaction for the injury." Id.

5 Accordingly, Defendant filed a Motion for Civil Compromise on January 25, 2013. On April 6

7 15, 2013, the People filed an opposition to Defendant's motion. The Court heard the matter on

8 April25, 2013. 9 DISCUSSION

10 Defendant moves the Court to dismiss the instant Complaint pursuant to 8 GCA § 11 80.90(b). See Def.'s Mot. for Civil Compromise at 2 (Jan. 25, 2013). "Defendant's motion to 12

13 dismiss is based on [a] waiver from the victim that indicates he has received satisfaction for

14 injury." ld. Likewise, Defendant argues that "[u]nder the facts of the People's Declaration, the 15 alleged victim may have a civil action against the Defendant for damages." ld.

16 The People oppose Defendant's motion. They argue that "[t]his is not a situation where 17 avoiding criminal sanctions for Defendant would be a better result for the welfare of the 18

19 People." People's Opp'n Mot. at 3 (Apr. 15, 2013). The People further argue that "settling this

20 matter without criminal sanctions would not be in the best interest of the People because 21 Defendant is not a first-time offender." ld. The People also argue that "Defendant's motion 22 does not specify how or what Defendant has done to satisfy the injury caused to victim Inocy.

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24 The victim merely signed a form waiver that does not indicate payment of any sort has even

25 been made for the costs incurred." ld. at 4. 26 Misdemeanors may be compromised in accordance with Guam law. Guam's Criminal 27 Procedure provides when misdemeanors may be compromised as follows:

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People v. Weipo Doone (CM845-12) Page 2 of4 Decision and Order Defendant's Motion for Civil Compromise

(a) When the defendant has been charged with the commission of an offense 1 which is not a felony for which the person injured by the act constituting the 2 offense has a remedy by a civil action, the offense may be compromised as provided by the Section.

3 (b) If the person injured appears before, or files his declaration in, the court in which the criminal action is pending at any time before trial and 4 acknowledges that he has received satisfaction for the injury, the court may, 5 on payment of the costs incurred, order the criminal action dismissed.

(c) A dismissal under this Section is a bar to another prosecution of the same 6 offense. 7 8 GCA § 80.90 (emphasis added).

8 Section 80.90 is based on California Penal Code §§ 1377 and 1378. California case law is 9

persuasive when there is no compelling reason to deviate from California's interpretation.

10

11 Zurich Ins. (Guam), Inc. v. Santos, 2007 Guam 23 ~ 7. As such, the legislative purpose behind

12 allowing civil compromise of criminal offenses is not to ensure that the victim is maximally 13 compensated for an injury, but to remove from criminal prosecution those offenses for which 14 there is a civil remedy available. The rationale is that the public interest in those cases is best 15

16 served by requiring the accused to make restitution directly and immediately to the individual

17 victim instead of subjecting the accused to criminal sanctions for the welfare of society in 18 general. 20 A. Cal. Jur. 3d Criminal Law: Pretrial Proceedings § 890.

19 "Under section 1377 [of California's Penal Code], "[w]hen the person injured by an act 20 constituting a misdemeanor has a remedy by a civil action, the offense may be compromised, as 21

22 provided in Section 1378, except when it is committed as follows: (a) By or upon an officer of

23 justice, while in the execution of the duties ofhis or her office. (b) Riotously. (c) With an intent 24 to commit a felony. (d) In violation of any court order as described [elsewhere]. (e) By or upon 25 any family or household member .... " People v. Tischman, 35 Cal. App 4th 174,651 (1995).

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In People v. Stephen, 227 Cal. Rptr. 380, 182 Cal. App.3rd 14 (1986), the Court 27

28 concluded "that it would be inappropriate for a criminal court in a civil compromise matter to

People v. Weipo Doone (CM845-12) Page 3 of 4 Decision and Order Defendant's Motion for Civil Compromise determine whether the victim has received the maximum recovery allowable under civil law for 1

2 his injury. Instead, the court's inquiry focuses on the reason for requiring acknowledgment of

3 satisfaction, which is twofold: (1) to ensure that the victim has in fact received recompense from 4 the defendant, albeit not necessarily the maximum possible therefor; and (2) to ensure that the 5 victim's settlement with defendant is voluntary." Stephen, 227 Cal. Rptr. 380, 389.

6 The Court finds that Defendant's motion provides both the legal and factual basis to 7

8 approve dismissal pursuant to 8 GCA § 80.90. (1) The charges herein are not felonies, nor do

9 they fall under any of the exceptions as provided above (2) the acts constituting the offense have 10 a remedy by civil action and (3) the person injured has submitted a declaration under penalty of 11 perjury that [he has] received satisfaction for the injury, and [he] does not object to dismissal of 12

this case by way of the Civil Compromise statute." Decl. of Victim (Jan. 22, 20 13).

13

14 Accordingly, the Court GRANTS Defendant's motion recognizing that the civil compromise

15 statute as applied in the instant case serves the interests of justice, judicial economy and fairness 16 to the parties.

17 CONCLUSION

18

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

20 GRANTS Defendant's Motion for Civil Compromise. 21 SO ORDERED this _j_day ofMAY, 2013.

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27 HONORABLE ANITA A. SUKOLA Judge, Superior Court of Guam 28

People v. Weipo Doone (CM845-12) Page 4 of4 Decision and Order Defendant"s Motion for Civil Compromise