FiI LED EE QLER;-Q CLERK OFOFCOURT CCMRT
~:t~~:sj l 2325 DCT 28 £\?'Ii= 2
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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 of5 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.
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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 of5 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 of55 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
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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
10 C HONORABLE ALBERTO E. TOLENTINO L
111 Judge, Superior Superior Court Court of of Guam
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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
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 of5