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8 PEOPLE OF GUAM, GUAM, CRIMINAL CASE NO. CF0105-14 9 9 vs. 10 10 DECISION AND ORDER 11 SONIY SONIY FIVETEN, 12 Defendant. Defendant. 13 13
14 14 INTRODUCTION 15 This matter came before matter came before the the Honorable HonorableVernon Vemon P. P. Perez Perez on November 12, 12, 2024, 2024, for 16 16 hearing on Defendant SONIY FIVETEN's ("Defendant") ("Defendant")Motion MotiontotoDismiss DismissPursuant to Title Pursuant to Title 8 17 17 GCA GCA §§80.70(b) 80.70(b) ("Motion ("MotiontotoDismiss"). Dismiss").Present Presentwere wereAssistant AssistantAttorney Attorney General General Kathleen Kathleen 18 O'Neil 0 'Neilon onbehalf behalfofofthe the People Peopleof ofGuam Guam ("the ("theGovernment") Government")and andDefendant Defendant with with counsel, counsel, Deputy 19 Public Public Defender Defender John P. Morrison. Having John P. Havingreviewed reviewedthe thepleadings, pleadings,the thearguments arguments presented, presented, and and 20 20 the record, the Court now now issues issuesthe thefollowing following Decision Decision and and Order. 21 BACKGROUND 22 On On March March 13, 13, 2014, 2014, a grand jury returned an indictment returned an indictmentcharging chargingDefendant Defendantwith with (1) (1) 23 Aggravated Aggravated Assault (As (As a Third Degree Felony) with with Special Special Allegation: Allegation: Possession Possession or Use of a 24 Deadly Weapon in Deadly Weapon in the the Commission of a Felony; Commission of Felony; (2) (2) Disorderly Disorderly Conduct (As a Petty Conduct (As Petty 25 25 Misdemeanor), and (3) (3) Public Public Drunkenness Drunkenness(As (AsaaViolation). Violation). (Indictment, Mar. 13, 13, 2014). 2014). On Misdemeanor); and (Indictment, Mar. On 26 26 June 18,2014, 2014,the theparties partiesindicated indicatedthe thematter mattermay maylikely likelyresolve resolvewith with aa lesser-included lesser-includedoffense, offense, June 18, 27 27 pending victim victim notification. notification. (Minute (MinuteEntry, Entry,Jun. Jun. 18, 18, 2014). 2014). Defendant Defendantwas wasreleased releasedon on aa personal 28 28
People v. v. Fiveten Case No. CF0105-14 Case No. CFol05-l4 Decision Decision and and Order
Page 1l of of5 11 recognizance bond recognizance bond and and placed placedon onhouse housearrest, arrest,with withcertain certainexceptions. exceptions. (Order (Order of of Conditional
2 Release Release and Appearance Appearance Bond, Jun. Jun. 18, 18, 2014). 2014). On his his Order Order of ofConditional Conditional Release Release and and 3 Appearance Bond, Defendant handwrote handwrote his his name nameas as"fiveten soniy"and "riveter sonly" andsigned signedthe the document document as as 4 "riveter sonly". Id "fiveten soniy". Id at at 2. 2. Subsequently, Probationfiled Subsequently, Probation tiled a Violation Violation Report, Report, indicating indicating that that 5 Defendant failed to report report weekly weeklyin inperson person to to the the probation probation office officeand and that that he last last checked in on 6 July 2, 2014. July 2, Report,Jul. (ViolationReport, 2014. (Violation Jul.28, 28,2014). 2014).On OnJuly July29, 29,2014, 2014,the theCourt Courtissued issuedaa $5,000.00 $5,000.00 7 warrant for warrant forhis hisarrest. arrest. (Bench (Bench Warrant, Warrant,Jul. Jul.31, 2014). 3 l,20l4).
8 29, 2023, On August 29, 2023, a Return Return of Warrant Warrant Service was filed, indicating indicating that that "[u]pon "[u]pon
9 conducting aa check utilizing the conducting the Blue Blue Check Check System System the the Guam Guam Marshals Marshals discovered discovered that that the the 10 10 defendant is currently detained and defendant and serving serving a sentence sentence in case case CF0281-15. CF0281-15. Alias are (BJ Alias are (BJ Johnny, Johnny, 11 11 BJ Asukar, Asukar,JK JKJohnny, Johnny,Jiam JiamSio Sioand andSoniy SoniaFiveteen)." Fiveteen)."(ROW (ROW Service, Aug. Aug. 29, 29, 2023). 12 12 Afterseveral After severalstatus the Court status hearings, the Courtset setthe thematter matterfor fortrial trialfor forNovember November6,6,2024. 2024.(Am. (Am.
13 13 Criminal Trial Trial Scheduling SchedulingOrder, Order, Jun. Jun. 26, 2024). 14 15, 2024, On October 15, 2024, Defendant Defendant filed filed the the instant instantMotion. On October Motion. On October 28, 28, 2024, 2024, the the 15 Government filed its Government filed its Opposition. Opposition. No No Reply was filed. filed.
16 16 On November November 12, 12, 2024, 2024, the the parties parties submitted submitted on their briefs and and the Court Court placed the the 17 17 matter under under advisement. advisement.
19 19 Defendant Defendant moves moves the the Court to dismiss Court to this matter dismiss this matterpursuant pursuantoto88G.C.A. G.C.A.§§80.70(b), 80. 70(b arguing arguing 20 20 that there was that there was unnecessary unnecessarydelay delay in in bringing bringing this matter matter to to trial. See See generally, Mot. Dismiss, Dismiss, 21 Oct. 15, 2024. The 15, 2024. The Government Government opposes, opposes, arguing arguing Defendant Defendanthas failed to has failed to allege allegeaaproper proper standard standard 22 for dismissal dismissal and further, that Defendant's further, that Defendant's actions actions caused or contributed caused or to the contributed to the delay. See See 23 generally, generally, Opp'n, Opp'n, Oct. Oct. 28, 28, 2024. 2024. 24 Title 88 G.C.A. G.C.A. section section 80.70(b) 80. 70(b) provides provides that that "[i]f "[i]fthere thereisisunnecessary unnecessary delay in in bringing 25 25 a defendant to trial, the court, defendant to court, on its own own motion, motion, may may dismiss dismiss the the indictment, indictment, information or 26 Thereasons complaint. The reasons for forthe thedismissal dismissalshall shall be be set set forth forth in inan an order order entered entered upon the the minutes." minutes."
27 8 G.C.A. §§ 80.70(b). 80.70(b). Dismissals Dismissals pursuant to 88 G.C.A. pursuant to G.C.A. §§ 80.70(b) 80.70(b) "should "should be be imposed only in imposed only in 28 28 extreme circumstances." circumstances." People People v. v. Stephen, Guam 8 ,r'll 21 Stephen, 2009 Guam 21 (citing (citing United United States States v. Sears, Sears,
v. Fiveten People v. Case No. CF0105-14 Case No. cF0105-14 Decision Decision and and Order
Page 2 of5 of 1 Roebuck & Co., 877 877 F.2d 734, 734, 737 737(9th (9thCir. Cir. 1989)). I989)). Section Section80.70 80.70 is is based based on Rule 48 of the the 2 2 Federal Rules of Federal Rules Procedure. 8 Criminal Procedure. of Criminal 8 G.C.A. G.C.A. §§ 80.70, Note. "[T]his 80.70, Note. "[T]hisRule Rulegrants grantsthe the trial trial court court 3 inherent power, derived from from common common law, to to dismiss dismiss a case for want of of prosecution, prosecution, whether or 4 not there has hasbeen beenaaSixth SixthAmendment Amendmentviolation. violation. Thus, this power of of dismissal dismissal is independent of 5 constitutional considerations, and is derived from from the the court's supervisory authority in in regard to its 6 own jurisdiction." United own jurisdiction." United States States v. Simmons, Simmons, 536 F.2d 827, 827, 832 832 (9th (9th Cir. Cir. 1976).
7 Here, however, however, Defendant Defendantis is moving movingthe theCourt Courtto todismiss dismiss this this matter, matter, not not the the Court on on its 8 own own motion.
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=: F l L. . me l 01.5% at scum' 2 2825 J m 22 g; 82 58 3 39?E&i§R CGUF? 4 go: Qi.8i'al*J
8 PEOPLE OF GUAM, GUAM, CRIMINAL CASE NO. CF0105-14 9 9 vs. 10 10 DECISION AND ORDER 11 SONIY SONIY FIVETEN, 12 Defendant. Defendant. 13 13
14 14 INTRODUCTION 15 This matter came before matter came before the the Honorable HonorableVernon Vemon P. P. Perez Perez on November 12, 12, 2024, 2024, for 16 16 hearing on Defendant SONIY FIVETEN's ("Defendant") ("Defendant")Motion MotiontotoDismiss DismissPursuant to Title Pursuant to Title 8 17 17 GCA GCA §§80.70(b) 80.70(b) ("Motion ("MotiontotoDismiss"). Dismiss").Present Presentwere wereAssistant AssistantAttorney Attorney General General Kathleen Kathleen 18 O'Neil 0 'Neilon onbehalf behalfofofthe the People Peopleof ofGuam Guam ("the ("theGovernment") Government")and andDefendant Defendant with with counsel, counsel, Deputy 19 Public Public Defender Defender John P. Morrison. Having John P. Havingreviewed reviewedthe thepleadings, pleadings,the thearguments arguments presented, presented, and and 20 20 the record, the Court now now issues issuesthe thefollowing following Decision Decision and and Order. 21 BACKGROUND 22 On On March March 13, 13, 2014, 2014, a grand jury returned an indictment returned an indictmentcharging chargingDefendant Defendantwith with (1) (1) 23 Aggravated Aggravated Assault (As (As a Third Degree Felony) with with Special Special Allegation: Allegation: Possession Possession or Use of a 24 Deadly Weapon in Deadly Weapon in the the Commission of a Felony; Commission of Felony; (2) (2) Disorderly Disorderly Conduct (As a Petty Conduct (As Petty 25 25 Misdemeanor), and (3) (3) Public Public Drunkenness Drunkenness(As (AsaaViolation). Violation). (Indictment, Mar. 13, 13, 2014). 2014). On Misdemeanor); and (Indictment, Mar. On 26 26 June 18,2014, 2014,the theparties partiesindicated indicatedthe thematter mattermay maylikely likelyresolve resolvewith with aa lesser-included lesser-includedoffense, offense, June 18, 27 27 pending victim victim notification. notification. (Minute (MinuteEntry, Entry,Jun. Jun. 18, 18, 2014). 2014). Defendant Defendantwas wasreleased releasedon on aa personal 28 28
People v. v. Fiveten Case No. CF0105-14 Case No. CFol05-l4 Decision Decision and and Order
Page 1l of of5 11 recognizance bond recognizance bond and and placed placedon onhouse housearrest, arrest,with withcertain certainexceptions. exceptions. (Order (Order of of Conditional
2 Release Release and Appearance Appearance Bond, Jun. Jun. 18, 18, 2014). 2014). On his his Order Order of ofConditional Conditional Release Release and and 3 Appearance Bond, Defendant handwrote handwrote his his name nameas as"fiveten soniy"and "riveter sonly" andsigned signedthe the document document as as 4 "riveter sonly". Id "fiveten soniy". Id at at 2. 2. Subsequently, Probationfiled Subsequently, Probation tiled a Violation Violation Report, Report, indicating indicating that that 5 Defendant failed to report report weekly weeklyin inperson person to to the the probation probation office officeand and that that he last last checked in on 6 July 2, 2014. July 2, Report,Jul. (ViolationReport, 2014. (Violation Jul.28, 28,2014). 2014).On OnJuly July29, 29,2014, 2014,the theCourt Courtissued issuedaa $5,000.00 $5,000.00 7 warrant for warrant forhis hisarrest. arrest. (Bench (Bench Warrant, Warrant,Jul. Jul.31, 2014). 3 l,20l4).
8 29, 2023, On August 29, 2023, a Return Return of Warrant Warrant Service was filed, indicating indicating that that "[u]pon "[u]pon
9 conducting aa check utilizing the conducting the Blue Blue Check Check System System the the Guam Guam Marshals Marshals discovered discovered that that the the 10 10 defendant is currently detained and defendant and serving serving a sentence sentence in case case CF0281-15. CF0281-15. Alias are (BJ Alias are (BJ Johnny, Johnny, 11 11 BJ Asukar, Asukar,JK JKJohnny, Johnny,Jiam JiamSio Sioand andSoniy SoniaFiveteen)." Fiveteen)."(ROW (ROW Service, Aug. Aug. 29, 29, 2023). 12 12 Afterseveral After severalstatus the Court status hearings, the Courtset setthe thematter matterfor fortrial trialfor forNovember November6,6,2024. 2024.(Am. (Am.
13 13 Criminal Trial Trial Scheduling SchedulingOrder, Order, Jun. Jun. 26, 2024). 14 15, 2024, On October 15, 2024, Defendant Defendant filed filed the the instant instantMotion. On October Motion. On October 28, 28, 2024, 2024, the the 15 Government filed its Government filed its Opposition. Opposition. No No Reply was filed. filed.
16 16 On November November 12, 12, 2024, 2024, the the parties parties submitted submitted on their briefs and and the Court Court placed the the 17 17 matter under under advisement. advisement.
19 19 Defendant Defendant moves moves the the Court to dismiss Court to this matter dismiss this matterpursuant pursuantoto88G.C.A. G.C.A.§§80.70(b), 80. 70(b arguing arguing 20 20 that there was that there was unnecessary unnecessarydelay delay in in bringing bringing this matter matter to to trial. See See generally, Mot. Dismiss, Dismiss, 21 Oct. 15, 2024. The 15, 2024. The Government Government opposes, opposes, arguing arguing Defendant Defendanthas failed to has failed to allege allegeaaproper proper standard standard 22 for dismissal dismissal and further, that Defendant's further, that Defendant's actions actions caused or contributed caused or to the contributed to the delay. See See 23 generally, generally, Opp'n, Opp'n, Oct. Oct. 28, 28, 2024. 2024. 24 Title 88 G.C.A. G.C.A. section section 80.70(b) 80. 70(b) provides provides that that "[i]f "[i]fthere thereisisunnecessary unnecessary delay in in bringing 25 25 a defendant to trial, the court, defendant to court, on its own own motion, motion, may may dismiss dismiss the the indictment, indictment, information or 26 Thereasons complaint. The reasons for forthe thedismissal dismissalshall shall be be set set forth forth in inan an order order entered entered upon the the minutes." minutes."
27 8 G.C.A. §§ 80.70(b). 80.70(b). Dismissals Dismissals pursuant to 88 G.C.A. pursuant to G.C.A. §§ 80.70(b) 80.70(b) "should "should be be imposed only in imposed only in 28 28 extreme circumstances." circumstances." People People v. v. Stephen, Guam 8 ,r'll 21 Stephen, 2009 Guam 21 (citing (citing United United States States v. Sears, Sears,
v. Fiveten People v. Case No. CF0105-14 Case No. cF0105-14 Decision Decision and and Order
Page 2 of5 of 1 Roebuck & Co., 877 877 F.2d 734, 734, 737 737(9th (9thCir. Cir. 1989)). I989)). Section Section80.70 80.70 is is based based on Rule 48 of the the 2 2 Federal Rules of Federal Rules Procedure. 8 Criminal Procedure. of Criminal 8 G.C.A. G.C.A. §§ 80.70, Note. "[T]his 80.70, Note. "[T]hisRule Rulegrants grantsthe the trial trial court court 3 inherent power, derived from from common common law, to to dismiss dismiss a case for want of of prosecution, prosecution, whether or 4 not there has hasbeen beenaaSixth SixthAmendment Amendmentviolation. violation. Thus, this power of of dismissal dismissal is independent of 5 constitutional considerations, and is derived from from the the court's supervisory authority in in regard to its 6 own jurisdiction." United own jurisdiction." United States States v. Simmons, Simmons, 536 F.2d 827, 827, 832 832 (9th (9th Cir. Cir. 1976).
7 Here, however, however, Defendant Defendantis is moving movingthe theCourt Courtto todismiss dismiss this this matter, matter, not not the the Court on on its 8 own own motion. Defendant Defendantargues argues that that during the period of of the the active active bench bench warrant, he "remained warrant, he 9 incarcerated for an eight-year period in incarcerated for in aa separate case, with his presence separate case, presence readily known to the
10 10 same same authorities now attempting authorities now attempting to to proceed with this delayed prosecution" prosecution" which which renders renders the 11 delay delay "unnecessary "unnecessary and unjustifiable under§ and unjustifiable under § 80.70(b)," 80.70(b)," similar similar to to the the defendant defendant in in United United States States 12 12 v. v. Price, 373 F.Supp.825, 373 F.Supp. 825,827 827(W.D. (W.D.Mo. Mo.1974). 1974). (Mot. Dismiss Dismiss at 4). 13 Upon Upon review, review, Defendant Defendant has has several several aliases aliases and and had had several warrants warrants out for his his arrest. arrest. 14 14 On the same same date that aa Return date that Return of of Warrant Warrant Service was filed filed in inthe the instant instant matter, matter, placing the 15 15 matter back backon onthe theCourt's Court's active active docket, docket, aaReturn Returnof of Warrant WarrantService Service was was also also filed filed in Criminal
16 16 Case Nos. Clv10335-12, CF0143-07,CM0996-10, CM0335-12, CF0143-07, CM0996-10, and andCMl CMI105-11 reflecting the 105-11 reflecting the same same statement 17 17 that the marshals that the discovered the marshals discovered the Defendant Defendant was was cmTently currently detained detained and and serving sewing a sentence sentence in 18 18 CF0281-15 along with all of ofhis his named named aliases. aliases. 19 19 In In CF0143-07, Defendantplead CF0143-07, Defendant pleadguilty guiltytotoAssault Assaulton onaaPolice PoliceOfficer Officer (As (As a Third Degree
20 20 Felony) and Family Felony)and FamilyViolence Violence(As (Asa Misdemeanor) under a Misdemeanor) underthe thealias aliasB.J. B.J.Asukar, Asukar,DOB DOB11/11/1983. 11/11/1983. 21 (Judgment (CF0143-07), Sept. 20, 2007). 2007). The Theparties partiessubsequently subsequently stipulated stipulated in in CF0143-07 CF0143-07 to 22 revocation revocation of ofDefendant's Defendant's probation. probation. (Stip. (Stip.and and Order Order Re: Revocation Revocation of ofProbation Probation (CF0143 -07), (CF0143-07), 23 23 May 23, 23, 2024). 24 24 In In CM0996-10, 10, Defendant Defendant consented consentedto to diversion diversion of of the the case with with certain certain conditions conditions under 25 25 the alias B.J. B.J. Asukar, Asukar, DOB: DOB: 11/11/1983. (Stip.and 11/11/1983. (Stip. andOrder Orderfor forDiversion Diversion(CM0996-10), (CM0996-10), Dec. 21,
26 2010). l0). AAWarrant WarrantofofArrest Arrestwas wasissued issuedon onFebruary February2, 2, 2012, 2012, after after Defendant was terminated from 27 27 Lighthouse Recovery Recovery Center Center and and failed failed to to check check in in with with Probation Probation on on aa monthly basis. basis. See See 2nd 2nd 28 Violation Violation Report Report (CM0996-10), (CM0996-10), Feb. Feb. 1, 1, 2012, 2012; Warrant Warrant of Arrest Arrest (CM0996-10), (CM0996-10), Feb. Feb. 2, 2, 2012. 2012.
People v. v. Fiveten Case No. CF0105-14 Case No. CF0105-I4 Decision Decision and and Order
Page 3 ofS of 5 1 CM0996-10 was subsequently dismissedwithout subsequently dismissed withoutprejudice. prejudice. See See Judgment of Revocation Judgment of Revocation and and 2 Dismissal Without Prejudice (CM0996-10), May May 23, 23, 2024. 2024. 3 In CM1105-11, Defendant was CMl 105-11, Defendant wascharged chargedwith withFamily FamilyViolence Violence (As (As aa Misdemeanor) Misdemeanor) and and 4 Assault (As (As aa Misdemeanor) Misdemeanor)under under the the alias alias BJ BJ Asukar, Asukar, DOB: DOB: 11/11/1983. 11/11/1983. A Bench Bench Warrant Warrant 5 was issued issued for Defendant's Defendant's arrest after he arrest after he failed to to appear appear for an an Arraignment Arraignment Hearing Hearing on on 6 November November23, 23, 2011. 2011. See See Bench Bench Warrant, Dec. 5, 2011. 2011. CMI105-11 CMl 105-11 was was subsequently subsequently dismissed 7 by the Government prejudice. See People's Government with prejudice. People's Motion Motionand and Order Order to to Dismiss Dismiss with with Prejudice Prejudice 8 (CMI105-11), (CMl 105-11),Jan. Jan. 10, 10, 2024. 2024. 9 In CM0335-12, CM0335-12, Defendant was charged Defendant was charged with with Disorderly Disorderly Conduct Conduct(As (As a Petty Petty 10 10 Misdemeanor) and Public Misdemeanor) and Public Intoxication Intoxication(As (As aa Violation) Violation) under the name under the name Sio Jiam, Jiam, DOB: 11 11 11/13/1984. (Magistrate's Compl. 11/13/1984. (Magistrate's Con pl. in in CM0335-12, CM0335-12,Apr. Apr. 4, 4, 2012). 2012). A ABench BenchWarrant Warrant was was issued issued 12 12 for his his arrest arrest after he failed to to appear appear for for aa hearing on on September 11, 2012. 2012. See See Bench Bench Warrant 13 13 (CM0335-12), (CM0335-12), Sept. Sept. 11, 11, 2012. 2012. CM0335-12 CM0335-12 was subsequently subsequently dismissed dismissed with prejudice, prejudice, as as 14 14 Defendant served the the maximum maximumtime time of of imprisonment imprisonment after afterhis hisReturn Returnof of Warrant. Warrant. See Ex Parte
15 15 Mot. Dismiss, Mot. Dismiss, Jun. 25,2024; Jun. 25, 2024,Order OrderGranting GrantingPeople's People'sEx Ex Parte ParteMotion Motion to to Dismiss with with Prejudice, Prejudice,
16 Jul. 29, Jul. 29, 2024. 2024.
17 11 In CF028l-l5, CF0281-15,Defendant Defendantentered entered aa guilty plea plea to the charge charge of Attempted Murder Murder (As (As a
18 18 First Degree Felony) with with attached Allegation: Possession attached Special Allegation: Possession or or Use of of aa Deadly Weapon in 19 19 the Commission of a Felony. See See Plea PleaAgreement Agreement(CF0281-15), (CF0281-15),Jul. Jul.24, 24, 2015, 2015; Judgment (Guilty Judgment (Guilty 20 20 Plea Plea Agreement) Agreement) (CF0281-15), (CF0281-15), Sept. Sept. 20, 20, 2016. 2016. Defendant Defendantwas wascharged charged as as BJ BJ Johnny Johnny aka CO 21 with DOB: 11/13/1984 11/13/1984 ininCF0281-15. CF0281-15.See SeeMagistrate's Magistrate'sCompl. Con pl. (CF0281-15), (CF028l-15), May 6, 6, 2015, 2015; 22 22 Indictment (CF028l-l5), May Indictment (CF0281-15), May14, 14,2015, 2015;Superseding Superseding Indictment Indictment (CF028l-15), (CF0281-15),Jun. Jun. 30, 30, 2015. 2015. 23 23 Both Defendant's Defendant's and and the the Government's Government's sentencing sentencing memoranda memoranda in in CF0281-15 CF0281-15 reference reference 24 Defendant as asaafirst firstoffender. offender. See See Deft. Sent. Memo. (CF0281-15), Sent. Memo. (CF028l-15), Oct. Oct. 8, 8, 2015, People's Sent. 2015; People's Sent. 25 25 Memo. (CF028l-15), (CF0281-15),Jun. Jun. 24, 24, 2016). 2016). On OnSeptember September2,2,2016, 2016, Defendant Defendant was was sentenced sentenced to ten ten 26 26 years of (10) years imprisonment in ofimprisonment in CF0281-15 CF0281-15 .-- five (5) years - five years for for the the Attempted Attempted Murder Murder charge charge and and 27 five five (5) (5)years years for forthe the Special Special Allegation, Allegation,totorun run consecutive consecutive to each other. other. (Judgment (Guilty (Guilty Plea
28 28 Agreement) (CF028l-15), (CF0281-15),Sept. Sept. 20, 20, 2016). 2016).
People v. Fiveten Case No. CF0105-14 Case No. Decision Decision and and Order
Page 4 of5 1
2 In light light of ofthe theabove, above, the theCourt Courtdoes doesnot notfind findthat that"extreme "extremecircumstances" circumstances" exist exist 3 warranting dismissal warranting dismissalunder under88G.C.A. G.C.A. §§ 80.70(b). 80.70(b). See See Stephen, Stephen, 2009 Guam Guam 88 1121. ,i 21. The Court Court 4 does not find the the delay delay "unnecessary "unnecessaryand andunjustifiable" unjustifiable"ininlight lightof of Defendant's Defendant's choice choice to to utilize
5 aliases. aliases. This Thisisis unlike unlike the the defendant defendant in United United States v.v. Price, Price, 737 F.Supp. F.Supp. 825 825(W.D. (W.D. Mo. Mo. 1974),
6 where, as the Government sets forth, forth, "there is is no no allegation allegationthat that the the defendant defendant absconded absconded from 7 the jurisdiction jurisdiction or or used usedaliases aliasesduring duringthe theperiod periodofofdelay." delay."(Opp'n (Opp'n at at 4). 4). The The Court Court does does not find 8 it clear clear that that Deflendant's Defendant's "presence was readily known known to the the same same authorities now attempting attempting to 9 proceed with this delayed prosecution" prosecution" as asargued arguedby byDefendant. Defendant.See SeeMot. Mot.Dismiss Dismissatat4.4. Rather,
10 10 Defendant's use of aliases aliases contributed to the contributed to the Government's Government's inability to bring the matter to to final
II 1 I adjudication sooner. sooner. Therefore, Therefore, the the Court denies Defendant's Motion Motion to Dismiss.
12 12 CONCLUSION
13 13 For the the foregoing foregoing reasons, the Court reasons, the Court hereby hereby DENIES DENIES Defendant's Motion Motion to to Dismiss. Dismiss. 14 14 Parties shall return for aa Status Hearing Hearing on February 3, 2025 at10:30 10:30 a.m. 15 15 ~ 16 IT IS SO ORDERED this Q'2 day of QW' ofJanuary, January, 2025. 2025.
17 17
18 18
19 19 HONORABLE VERNON p. P. PEREZ Judge, Judge, Superior Court of Guam 20
22 22
23 23 SERVICE VIA EMAIL SERVICE VIA 24 acknowledge that I acknowledge that an electronic copy of the the original was was e-mailed e-mailed to: to:
25 As, P050 26 lb Tme : '*'-Vl a d Date: 27 Anhdo/ C`4vl Deputy Clerk, Subdior Court of Guam 28
People v. v. Fiveten Case No. CF0105-14 CF0105-14 Decision Decision and and Order
Page 5 of5 of