People v. Leon Guerrero

Opinion

FiI LED

EE

QLER;-Q CLERK OFOFCOURT

CCMRT

~:t~~:sj

l 2325 DCT 28 £\?'Ii=

2

3 w;~: q~:;,

OF Qmsa§

GUAM

4

5 IN THE SUPERIOR SUPERIOR COURT OF GUAM

6 ) CRIMINAL CASE no.

NO.CF0690-24

CF0690-24

7 7 PEOPLE OF GUAM, GUAM, )) GPD Report Nos. 24-23035/24-17683/24-20828/ 24-23035/24-17683/24-20828/ )) 24-23045 8 vs. ) 9 ) )) )) DECISION DECISION & ORDER

10 10 JESSE ANDREW LEON GUERRERO, RE. DEFENDANT'S DEFENDANT'S ORAL

ORAL MOTION

MOTION

aka Jesse Aaron Leon Guerrero ) FOR MISTRIAL 11 11 DOB:

DOB:01/10/1972 01/10/1972 )

))

12 12 Defendant. ))

________________ ))

13 13

14 This matter came before

matter came before the

the Honorable

Honorable Alberto

Alberto E. Tolentino on

on August

August 25,

25, 2025,

2025, for

15 15 Jury Selection and Jury and Trial.

Trial. Defendant JesseAndrew Defendant Jesse Andrew Leon Leon Guerrero

Guerrero ("Defendant") was was present

present

16 16 with i counsel Attorney Thomas s FFisher.

i Acting

ct Chief

C h i e f PProsecutor

rosecut Neil Bonavita

v i t was

a s ppresent

r e s e n t ffor

17

18 18 the People of Guam ("People"). Before Guam ("People"). Before selecting selecting aa jury, the Defendant made an oral oral Motion for

19 19 Mistrial.

Mistrial. Having Having duly

duly considered

considered the

the parties'

parties' arguments

arguments and the

the applicable

applicable law, the court denied

20 20 the Defendant's oral Motion Defendant's oral Motion for for Mistrial

Mistrial from

from the

the bench.

bench. The

The court

court now

now issues

issues this

this Decision

21 and Order Order memorializing memorializing its decision, DENYING the Defendant's Defendant's oral

oralMotion

Motionfor

forMistrial.

Mistral.

22 BACKGROUND

23 23

24 24 A. Original OriginalIndictment

Indictment

25 25 Based on events that that occurred between

between July 31

31 through October 1,

1, 2024,

2024, the Defendant

26 26 originallycharged was originally chargedwith:

with:(1)

(1)Three

ThreeCounts

Countsofof POSSESSION

POSSESSION WITHINTENT

WITH INTENTTO

TODELIVER

DELWER

27 A A SCHEDULE SCHEDULE II11CONTROLLED CONTROLLED SUBSTANCE

SUBSTANCE (As (As a letDegree a 1st DegreeFelony);

Felony); and

and (2)

(2)

28 28

Decision and Order Re.

Re. Defendant's Oral Motion for Mistrial People v.

v. Leon Guerrero, CF0690-24 Page 1I of

POSSESSION OF AA FIREARM POSSESSION OF FIREARM WITHOUT VVITHOUTAA FIREARMS

FIREARMS IDENTIFICATION

IDENTIFICATION CARD (As

(As aa

l 2 2 3rd Degree Felony). See See Indictment

Indictment (Oct.

(Oct. 8,

8, 2024).

2024). On

On November

November 21,

21, 2024,

2024, the

the Defendant

Defendant

3 3 asserted his right asserted his right to speedy speedy trial

trial at

at arraignment.

arraignment. See Arraignment I-Ir'g Hr'g Mims.

Mins. at 2:03:40PM

2:03:40PM

4 . . . .

(Nov. 21, (Nov. 21,2024).

2024).Pursuant

Pursuant to

to his

his assertion,

assertion, the

the court

court scheduled

scheduled the Defendant's Defendant's Jury

jury selection

5

1

and trial for December 30, 2024. and trial 2024.1 SeeCriminal See CriminalTrial

Trial Scheduling

Scheduling Order

Order (Dec.

(Dec. 3, 2024).

6

7 At At another

another continued Pre-Trial Conference Conferenceon

onDecember

December27,

27, 2024,

2024, the Defendant agreed

8 8 to waive waive his his right

right to

to speedy

speedy trial

trial until

until January

January 10,

10, 2025. See Pre-Trial Conference 2025. See Conference Mins. at at

9 9 2:37:44PM 2:37:44PM (Dec. 27, 27, 2024).

2024). Upon

Upon the

the Defendant's

Defendant's temporary

temporary waiver, the

the court

court vacated

vacated jury

10 10 and trial selection and trial originally scheduled scheduled for December

December 30,

30, 2024,

2024, and

and continued

continued the Pre-Trial

11 11 Conference to Conference to January January 10,

10, 2025.

2025. Id.

Id

12 12

13 13 Superseding Indictment B. Superseding Indictment

14 On On March

March 27,

27, 2025,

2025, the

the People

People filed

filedaaSuperseding

Superseding Indictment

Indictment based

based on

on events

events that

that

15 15 occurred on October occurred on October1,1,2024, 2024,charging

chargingthe

the Defendant

Defendant with:

with: (1)(1) WITHINTENT POSSESSIONWITH POSSESSION INTENT

16 16 TO DELIVER DELIVER A A SCHEDULE

SCHEDULE IIIICONTROLLED

CONTROLLEDSUBSTANCE

SUBSTANCE(As

(Asa a1st

1stDegree

DegreeFelony),

Felony); and

and

17 17 18 (2) POSSESSION OFAAFIREARM POSSESSION OF FIREARMWITHOUT WITHOUT A

A FIREARMS

FIREARMS IDENTIFICATION

IDENTIFICATION CARD (As

(As

18

19 19 a 3rd Degree Felony).

Felony). See

See Superseding

Superseding Indictment

Indictment (Mar. 27,

27, 2025).

2025). As

As aa result,

result, the

the Defendant

Defendant

20 20 was arraigned againon arraigned again onApril April 17, 2025. See

17, 2025. See Arraignment ArraignmentHr'g

Hr'g Mims. at 9:40:25AM

Mins. at 9:40:25AM (Apr. 17, 17,

21 2025). 2025).

22 22 On May

May 2,

2, 2025,

2025, the

the Defendant filed

filed aa Motion

MotiontotoSuppress

Suppress as

as to

to "[a]11

"[a]ll evidence in

in this

this

23 23 24 case, case, as as well

well as

as statements

statements and

and observations relating to observations relating to the the charges, [which] arise charges, [which] arise from 24

25 25 information suppliedby information supplied by aa confidential confidential informant(s)."

informant(s)."Def.

Def.'s

's Mot. Suppress (May 2,

Suppress (May 2, 2025).

2025).

26 26 After taking After taking the the matter

matter under

under advisement,

advisement, the court issued its Decision and Order, Order, denying the

27

28 28 11 In In accordance accordancewith

withthe

theforty-five

forty-five (45)

(45) day

day period

period under G.C.A. §§80.60(a), under 88 G.C.A. 80.60(a),the the last

last day

day to

to bring

bring the

the Defendant

Defendant to

to

trial was was January

January 5, 2025.

2025.

Decision Decision and Order

OrderRe.

Re.Defendant's

Defendant'sOral

OralMotion

Motion for

for Mistrial

People v.

v. Leon Guerrero,

Guerrero,CF0690-24 Page 2 of5

Defendant's Motion Motionto

to Suppress

Suppress on

on August 13,

13, 2025. See Decision

2025. See Decision and

and Order

Order (Aug.

(Aug. 13,

13, 2025).

1

2 2 In light light of ofthis,

this, the

the court

court issued

issued its Second

Second Amended Criminal Trial Trial Scheduling

Scheduling Order,

Order; setting

setting

3 3 Jury Selection Jury Selection and and Trial

Trial to commence on August 25, 25, 2025.

2025.See

SeeSecond

SecondAmended

Amended Criminal

Criminal Trial

Trial

4 .

Scheduling Order (Aug. 15, Scheduling 15, 2025).

5 C. Second Second Superseding Indictment Superseding Indictment

6

On.the

_the eve of

oftrial,

trial, the

the People

Peoplefiled

fileda aSecond

SecondSuperseding

SupersedingIndictment

Indictment based

based on

on events

events

7

8 8 that occurred on that occurred on or or about October 1,

about October 1, 2024,

2024, charging

chargingthe

theDefendant

Defendantwith:

with:(1)

(1) POSSESSION

9 WITH INTENT INTENT TO

TO DELIVER

DELIVER AASCHEDULE

SCHEDULE IIII CONTROLLED

CONTROLLED SUBSTANCE

SUBSTANCE (As

(As aa 1st

1st

10 10 Degree Felony); (2)

(2) POSSESSION OF A FIREARM REARM WITHOUT

OUT A

A FIFIREARMS

REARMS

11 II IDENTIFICATION IDENTIFICATION CARD CARD (As aa 3rd

3rd Degree

Degree Felony);

Felony); (3)

(3) POSSESSION

POSSESSION OF

OF AN

12 12

13 13 UNREGISTERED UNREGISTERED FIREARM FIREARM(As a 3rd

(As a 3rdDegree

DegreeFelony).

Felony).See

SeeSecond

SecondSuperseding

SupersedingIndictment

Indictment

14 14 (Aug.

(Aug. 22, 22, 2025).

2025). Pursuant

Pursuant to the People filing filingaaSecond

SecondSuperseding

Superseding Indictment,

Indictment, the

the Defendant

15 15 was arraigned arraigned on onAugust

August25,

25,2025.

2025.See

SeeArraignment

ArraignmentHr'g

Hr'gMins.

Mins. at

at8:49:09AM

8:49:09AM (Aug.

(Aug. 25, 2025).

16 16 Although Although jury jury selection

selectionand

and trial

trial was

was scheduled

scheduled to

to begin

beginthat

that same

same day, the Defendant requested 17

18 five (5)

(5) days

days toto prepare

prepare his

his case

case regarding the third

regarding the third charge chargeof

of POSSESSION

POSSESSION OF

OF AN

AN

18

19 19 UNREGISTERED UNREGISTEREDFIREARM FIREARM a 3rd

(As(As Degree

a 3rd Felony).

Degree See

Felony). Jury

See JuryTrial Day

Trial 1 Mims.

Day 1 Mins.atat8:51

8:51:02

20 20 - 9:15:09AM 9:15:09AM(Aug.

(Aug.25,

25,2025).

2025).Ultimately,

Ultimately,the

thecourt

courtdenied

denied the

the Defendant's

Defendant's request,

request, which led

21 him to to make makehis

hisoral

oralMotion

Motionfor

forMistrial.

Mistrial. Id.

Id

22 DISCUSSION

23

"Trial "Trial courts

courts generally

generally have

have broad

broad discretion

discretion in

in adjudging

adjudging the

the propriety

propriety of aa mistrial, mistrial,

24

25 25 granting suchaamotion granting such motiononly only where

where so

so dictated

dictatedby

by 'manifest

'manifest necessity'

necessity' or in order to serve the

26 26 'ends of of public

public justice."'

justice."' People v.

v. Pugh 2016 Guam ,r 22 (Illinois Guam 1] (Illinois v.

v. Somerville,

Somerville, 410 U.S. 458, 27 27 461-63 (1973), quoting United 461-63 (1973); United States States v.

v. Perez, 22

22 U.S.

U.S. 579,

579, 580 (1824)). "[T]he

580 (1824)). "[T]hestandard standard for

28

Decision Decision and Re. Defendant's Oral and Order Re. Oral Motion Motion for

for Mistrial

People v.

v. Leon Guerrero, CF0690-24 Page Page 3 of l granting a mistrial is high and and extremely

extremelydiscretionary."

discretionary."Id. ,r 36 (citing Somerville, Id. 1[ Somerville, 410 U.S. at

22 461~63, 461-63; see also also United

United States v.

v. Gann,

Gann, 732 F.2d 714,

714, 725

725 (9th

(9th Cir.

Cir. 1984)).

3 "The defendant defendant is

is entitled

entitled to

to at

at least

least five

five (5)

(5) days

days after

after entering his plea

plea to

to prepare

prepare for

4 . . .

trial but he trial but he may may walve

waive any

any part of such

part of time." 88 GCA such tlme." 80.40. TThe GCA §§ 80.40. he Defendant Defendant moved

moved for

for

5 mistrial in light of the court's denial mistrial denial of of aa five-day

five-day continuance

continuance to

to prepare

prepare for

for trial

trial after he was

6 7 arraigned arraigned on the Second Second Superseding

Superseding Indictment. Notably, Notably, the Defendant's arraignment arraignment over

7

88 this Indictment this occurred on Indictment occurred on the the day of

of trial.

trial. The

The only

only difference

difference between

between the

the Superseding

Superseding

99 Indictment and the Second Second Superseding

Superseding Indictment

Indictment was

was the additional

additional charge of

of POSSESSION

10 10 OF AN UNREGISTERED UNREGISTERED FIREARM

FIREARM (As

(As a 3rd Degree Felony).

11 Even with this

this addition, this charge addition, this charge is

is based

based on the same events

events that

that occurred on or

or

12

13 about October 1, 2024;

2024, identical

identical to

to the Superseding Indictment and original Indictment. More

14 14 importantly, the Defendant continued importantly, the continued to to assert his right

assert his right to

to a speedy trial

trial even after

after his third

third

15 arraignment on August 25, 2025.

2025. Based on the Defendant's Defendant's continued

continued assertion

assertion of

of speedy

speedy trial,

trial,

16 the several rescheduled trial several rescheduled trial dates dates in

in this

this case,

case, and

and the

the additional charge being additional charge being based based on the

17

18 same events in the two earlier earlier Indictments,

Indictments, the

the court

court finds that granting a mistrial does not serve 18

19 19 of public justice.

the ends of

20 \\ \\ 21 \\ 22 \\ 23

24 24 \ \\

25 \\

26 \\ \\ 27 \\ 28

Decision Decision and

and Order Re.

Re. Defendant's

Defendant'sOral

OralMotion

Motion for

forMistrial

Mistrial

People People v.

v. Leon Guerrero, CF0690-24 CF0690-24

Page Page 4 of5

CONCLUSION

1

2 2 For reasons set forth above, the court hereby DENIES the Defendant's oral oral Motion

Motion for

3 3 Mistrial. 4

5 OCT OCT 2 8 2025

2025

SO ORDERED this _ _ _ _ _ _ _ _ _, nuncpro ORDERED this pro fund, tune, August 25, 2025. 7

6

7

8

9

10 C HONORABLE ALBERTO E. TOLENTINO

L

111 Judge, Superior

Superior Court

Court of

of Guam

12 12

13 13

14 14

15 15

16 16

17 17

18 18

19 19

20 20

21 21

22 22

SERWCE SlE~V~CIE VIA

VOA EIE-MAU

-E VIM L..

23 23 II acknowledge acknowledge that

that an

an electronic

electronic

copy of the original was e-mailed to:

the original lo:

24 24 A-C. fr FF,sJ;,,,w: A s t3'Le¢r

25 e ebék

D,ate:l me: "`3J¢1n.

0/~me: f(':.3:)a.s.,..

26 26 11-h, H%kms /e,v.---

'r¢~

Deputy Clerk, Slbérior Court of Guam 27 27

28

Decision Decision and Re. Defendant's Oral and Order Re. Oral Motion Motion for Mistrial

People People v.

v. Leon Guerrero, CF0690-24 CF0690-24

Page Page 5 of