People v. Leon Guerrero

Opinion

~SUPERIOR COURT OF GUAM 2 ) CIVIL CASE NO"' CM583-05 Jf!Tt? 3 THE PEOPLE OF GUAM )

AFTERHEA~:C ) 4 ) vs. ) ORDER 5 I~_' ' F

) 6 ) JONATHAN A. LEON GUERRERO, ) 7 ) Defendant. ) 8 ______________________________) 9

10 This matter came before the HONORABLE VERNON P. PEREZ on February 5, 201 11 for Further Proceedings. Assistant Attorney General James Stake appeared representing th 12 Government. Attorney Todd Thompson appeared representing the Defendant. Having reviewe

13 the pleadings and the arguments presented, the Court now issues the following decision an

14 order. DISCUSSION 15 16 Defendant pled guilty to one count of Assault (as a misdemeanor) on May 5, 2005.

17 Judgment was entered and the Court ordered Defendant to pay a fine of $500 to the Crimina Injuries Compensation Fund and restitution to the victim. The Court also sentenced Defendan 18 to a two year term of supervised probation expiring May 5, 2008. The issue is whether the Cou 19 still has jurisdiction over Defendant. The People argue that the Court should exercise it 20 jurisdiction over Defendant because he has failed to make any payments to his fine an 21 restitution. The People ask that the Court find Defendant in contumacious default and order hi 22 incarcerated for a period of one (1) year. Defendant argues that the Court lacks jurisdiction t 23 revoke probation because Defendant's probationary term expired on or about February 23, 2009. 24 As a result, Defendant requests this Court disregard the People's demand that Defendant b 25 imprisoned. The Court agrees with Defendant. Pursuant to People v. Anson, 1998 Guam 11, th

26 People's motion was made after Defendant's probationary term had expired. Thus the Court i

27 now without jurisdiction. On that basis the Court will not order Defendant be incarcerated. Court, instead, will dismiss this matter. 28

People v. Leon Guerrero Order After Hearing Criminal Case No. CM583-05 -Page l of2- 2 CONCLUSION

3 For the foregoing reasons, the Court DENIES the People's Motion and ORDERS thi case Dismissed. 4

5 So ORDERED this day of \\*' February, 2014. 6 7 8 HONORABLE VERNON P. PEREZ JUDGE, SUPERIOR COURT OF GUAM 9 10 II

11 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

People v. Leon Guerrero Order After Hearing Criminal Case No. CM583-05 -Page 2 of2-