Fi5 L l:: D 1 2- I- * l CLERK CLERKCE? C%¥2i OF COURT 2 2025 OCT 2825 BUT2127 PM pg 1:,30 so 3 E Fl? r I
SUPEW* al *tCOURT 4 OF GUAM 5 IN THE SUPERIOR COURT OF GUAM 6 ) CRIMINAL CRIMINAL CASECASE no.NO.CF0690-24 CF0690-24 7 7 PEOPLE OF GUAM, GUAM, )) GPD GPO Rcpol't Report Nos. 24-23035/24- 17683/24-20828/ 24-23035/24-17683/24-20828/ )) 24-23045 8 vs. ) )) 9 )) 10 10 JESSE ANDREW LEON LEON GUERRERO, GUERRERO, )) DECISION DECISION AND AND ORDER ORDER RE. akaJesse JesseAaron AaronLeon LeonGuerrero ) DEFENDANT'S DEFENDANT'S ORAL MOTION MOTION FOR 11 DOB:01/10/1972 DOB: 01/10/1972 ) ) JUDGMENT OF ACQUITTAL ACQUITTAL )) 12 12 Defendant. )) ________________ )w 13 13
14 14 This matter matter came before the came before the Honorable Honorable Alberto E. E. Tolentino Tolentino on on September September 2, 2, 2025, 2025, 15 .1 15 through DefendantJesse through Defendant JesseAndrew AndrewLeon LeonGuerrero's Guerrero's("Defendant") ("Defendant") oral Motion Motion for for Judgment Judgment of 16 16 Acquittal. Acquittal. The Defendant Defendant was present present with counsel Attorney with counsel Attorney Thomas Thomas Fisher. Fisher. Acting Acting Chief 17 17 18 Prosecutor Neil Bonavita was Prosecutor Neil was present presentfor for the the People People of of Guam ("People"). Jury Guam ("People"). Jury Selection Selection and and 18
19 19 Trial commenced commenced in in this this case case on August 25, 2025. Following the 2025. Following the close close of ofthe the People's People's case-in- case-in-
20 20 chief chief on on September September 2, 2, 2025, 2025, the the Defendant made his Defendant made his oral oral motion for Judgment of Acquittal. Judgment of 21 After After hearing hearing the the parties' parties'arguments, arguments, the the court courttook tookthe thematter matterunder underadvisement advisement pursuant pursuant to 22 Supreme Courtof Supreme Court ofGuam GuamAdministrative AdministrativeRule Rule06-001, 06-001,CVR CVR7.l(e)(6)(A) 7.l(e)(6)(A) and CRI .1 of the and CRl.1 the Local 23 23
24 24 Rules of ofthe the Superior Superior Court Court of ofGuam. Guam. Having Having considered considered the the parties' parties' arguments, arguments, the the testimony
25 25 and and evidence evidence presented thus far, presented thus far, and and applicable applicable legal authority, authority, the the court court granted granted the the 26 26 Defendant's Defendant's Motion Motionfor forJudgment Judgment of ofAcquittal as to Acquittalas to the the First First Charge Charge of ofthe the Second Second Superseding Superseding 27 27 Indictment from the bench. Indictment bench. The Court Court now now issues issues this Decision and Order memorializing its its 28 28 decision, GRANTING the Defendant's oral oral Motion Motion for for Judgment of Acquittal. Judgment of Acquittal.
Decision Decision and Order Re. Re. Defendant's Defendant's Oral Oral Motion Motion for Judgment of Acquittal Judgment of Acquittal People v. Leon Guerrero, CF0690-24 Page Page 1 of of5 1 BACKGROUND 2 Pursuant Pursuant toto a Second Second Superseding Indictment,the Superseding Indictment, the Defendant Defendantisis charged charged with: with: (1) (1) 3 i. POSSESSION POSSESSION WITH INTENT TO DELIVER EL I VER A SCHEDULE II CONTROLLED 4
5 5 SUBSTANCE (As (As aa 1st Degree Felony); 1st Degree Felony);(2) (2)POSSESSION POSSESSIONOF OFAAFIREARM FIREARM WITHOUT WITHOUT A
6 FIREARMS FIREARMS IDENTIFICATION IDENTIFICATIONCARD CARD(As (Asa aThird ThirdDegree DegreeFelony); Felony); and and (3) (3) POSSESSION POSSESSION
7 7 OF AN ANUNREGISTERED UNREGISTEREDFIREARM FIREARM(As a Third (As Degree a Third DegreeFelony). Felony).See SeeSecond SecondSuperseding Superseding 8 8 Indictment Indictment (Aug. 22, 22, 2025). 2025). On On August August 25, 25, 2025, 2025, Jury Jury Selection and and Trial commenced commenced in in this this 9 ii case. course of case. Over the course of six (6) days, days, the People presented its case-in-chief presented its case-in-chief through throughtwelve twelve (12) (12)
11 11 witnesses. witnesses.
12 12 Upon Upon the People People resting resting its its case, case, the the Defendant Defendant presented presented his oral Motion Motion for for Judgment Judgment 13 13 of of Acquittal Acquittal ("Motion"), ("Motion"),arguing arguingthat thatthe the People Peoplefailed failedtotopresent present evidence evidence to to the the jury jury as as to the 14 14 First rs t Charge Cha rg eofo f POSSESSION P O SSESSI O NWITH WI THINTENT I NTENTTO TO DELIVER D EL WER A SCH ED L E III SCHEDULE 15 in CONTROLLED CONTROLLED SUBSTANCE SUBSTANCE(As (Asa a1st 1stDegree DegreeFelony). Felony).See SeeJury Jury Trial TrialMims. Mins. at at 3:05:09 3:05:09 -- 16
17 17 10:13PM 10: (Sep. 2, (Sep. 2, 2025). 2025). The The court court briefly brieflytook tookthe thematter matterunder under advisement advisement before before rendering rendering
18 18 its decision to grant the the Defendant's Defendant's Motion Motion to acquit acquit the the Defendant of the Defendant of the First Charge Charge of 19 19 POSSESSION WITH INTENT TO DELIVER EL I V ER A SCHEDULE II CONTROLLED 20 ii SUBSTANCE SUBSTANCE(As (Asa a1st 1stDegree DegreeFelony). Id.atat5:01 Felony).Id. 5:01:27 -- 07:32PM. 21
22 DISCUSSION
23 "The "The court court on on motion motion of ofaa defendant defendant or on on its its own own motion motion shall shall order the entry of aa the entry
24 24 judgment of judgment of acquittal of one acquittal of one or or more more offenses offenses charged charged in in the theindictment, indictment, information information or 25 25 complaint after the the evidence evidence on either side side is closed if if the the evidence evidence is is insufficient insufficient to to sustain sustain a 26 ii conviction conviction of ofsuch offense or such offense or offenses." offenses." 8 GCA §§100.10. 8 GCA 100.10. 27
Decision Decision and Order Re. Re. Defendant's Defendant's Oral Oral Motion Motion for Judgment of Acquittal Judgment of Acquittal People v. Leon Guerrero, CF0690-24 v. Leon Page Page 2 of of5 1 ruling on a motion for judgment When ruling judgment of of acquittal, acquittal, aa court court"review[ "review[s] s] the evidence in 2 . . . . the light most favorable to to the the People People and determine[s] whether any and determ1ne[s] any rational rational trier trler of of fact could 3 essential elements have found the essential elements of of the crime beyond a reasonable reasonable doubt." v. Win, doubt." People v. Wia, 2020 4
5 Guam 17, ,r,r Guam 17, W 35-36 35-36 (internal (internal citations omitted). "This citations omitted). "This is aa 'highly 'highlydeferential deferential standard standard of
6 6 review."' People v. Song, Song, 2012 Guam 21 ,r1]26 Guam 21 (quoting People v. 26 (quoting v. Tenorio, 2007 Guam 19 ,r 9). 19 1] 9).
7 7 However, "the "the People People 'must 'must be be afforded afforded the the strongest legitimate view strongest legitimate view of of the the evidence evidence and and all 8 8 reasonable inferences reasonable inferences that that may may be be drawn therefrom."' Id. ,r Id. atat 1] 28 (quoting State State v. v. Sick, Sisk, 343 343 9 s.w.3d S.W.3d60, 60,65 65 (Tenn. 2011)). (Tenn. 2011)). 10
11 Moreover, Moreover, "[i]t "[i]tisisnot nothe theprovince provinceofofthe thecourt, court,in indetermining determining [a [a motion motion for for aa judgment judgment
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Fi5 L l:: D 1 2- I- * l CLERK CLERKCE? C%¥2i OF COURT 2 2025 OCT 2825 BUT2127 PM pg 1:,30 so 3 E Fl? r I
SUPEW* al *tCOURT 4 OF GUAM 5 IN THE SUPERIOR COURT OF GUAM 6 ) CRIMINAL CRIMINAL CASECASE no.NO.CF0690-24 CF0690-24 7 7 PEOPLE OF GUAM, GUAM, )) GPD GPO Rcpol't Report Nos. 24-23035/24- 17683/24-20828/ 24-23035/24-17683/24-20828/ )) 24-23045 8 vs. ) )) 9 )) 10 10 JESSE ANDREW LEON LEON GUERRERO, GUERRERO, )) DECISION DECISION AND AND ORDER ORDER RE. akaJesse JesseAaron AaronLeon LeonGuerrero ) DEFENDANT'S DEFENDANT'S ORAL MOTION MOTION FOR 11 DOB:01/10/1972 DOB: 01/10/1972 ) ) JUDGMENT OF ACQUITTAL ACQUITTAL )) 12 12 Defendant. )) ________________ )w 13 13
14 14 This matter matter came before the came before the Honorable Honorable Alberto E. E. Tolentino Tolentino on on September September 2, 2, 2025, 2025, 15 .1 15 through DefendantJesse through Defendant JesseAndrew AndrewLeon LeonGuerrero's Guerrero's("Defendant") ("Defendant") oral Motion Motion for for Judgment Judgment of 16 16 Acquittal. Acquittal. The Defendant Defendant was present present with counsel Attorney with counsel Attorney Thomas Thomas Fisher. Fisher. Acting Acting Chief 17 17 18 Prosecutor Neil Bonavita was Prosecutor Neil was present presentfor for the the People People of of Guam ("People"). Jury Guam ("People"). Jury Selection Selection and and 18
19 19 Trial commenced commenced in in this this case case on August 25, 2025. Following the 2025. Following the close close of ofthe the People's People's case-in- case-in-
20 20 chief chief on on September September 2, 2, 2025, 2025, the the Defendant made his Defendant made his oral oral motion for Judgment of Acquittal. Judgment of 21 After After hearing hearing the the parties' parties'arguments, arguments, the the court courttook tookthe thematter matterunder underadvisement advisement pursuant pursuant to 22 Supreme Courtof Supreme Court ofGuam GuamAdministrative AdministrativeRule Rule06-001, 06-001,CVR CVR7.l(e)(6)(A) 7.l(e)(6)(A) and CRI .1 of the and CRl.1 the Local 23 23
24 24 Rules of ofthe the Superior Superior Court Court of ofGuam. Guam. Having Having considered considered the the parties' parties' arguments, arguments, the the testimony
25 25 and and evidence evidence presented thus far, presented thus far, and and applicable applicable legal authority, authority, the the court court granted granted the the 26 26 Defendant's Defendant's Motion Motionfor forJudgment Judgment of ofAcquittal as to Acquittalas to the the First First Charge Charge of ofthe the Second Second Superseding Superseding 27 27 Indictment from the bench. Indictment bench. The Court Court now now issues issues this Decision and Order memorializing its its 28 28 decision, GRANTING the Defendant's oral oral Motion Motion for for Judgment of Acquittal. Judgment of Acquittal.
Decision Decision and Order Re. Re. Defendant's Defendant's Oral Oral Motion Motion for Judgment of Acquittal Judgment of Acquittal People v. Leon Guerrero, CF0690-24 Page Page 1 of of5 1 BACKGROUND 2 Pursuant Pursuant toto a Second Second Superseding Indictment,the Superseding Indictment, the Defendant Defendantisis charged charged with: with: (1) (1) 3 i. POSSESSION POSSESSION WITH INTENT TO DELIVER EL I VER A SCHEDULE II CONTROLLED 4
5 5 SUBSTANCE (As (As aa 1st Degree Felony); 1st Degree Felony);(2) (2)POSSESSION POSSESSIONOF OFAAFIREARM FIREARM WITHOUT WITHOUT A
6 FIREARMS FIREARMS IDENTIFICATION IDENTIFICATIONCARD CARD(As (Asa aThird ThirdDegree DegreeFelony); Felony); and and (3) (3) POSSESSION POSSESSION
7 7 OF AN ANUNREGISTERED UNREGISTEREDFIREARM FIREARM(As a Third (As Degree a Third DegreeFelony). Felony).See SeeSecond SecondSuperseding Superseding 8 8 Indictment Indictment (Aug. 22, 22, 2025). 2025). On On August August 25, 25, 2025, 2025, Jury Jury Selection and and Trial commenced commenced in in this this 9 ii case. course of case. Over the course of six (6) days, days, the People presented its case-in-chief presented its case-in-chief through throughtwelve twelve (12) (12)
11 11 witnesses. witnesses.
12 12 Upon Upon the People People resting resting its its case, case, the the Defendant Defendant presented presented his oral Motion Motion for for Judgment Judgment 13 13 of of Acquittal Acquittal ("Motion"), ("Motion"),arguing arguingthat thatthe the People Peoplefailed failedtotopresent present evidence evidence to to the the jury jury as as to the 14 14 First rs t Charge Cha rg eofo f POSSESSION P O SSESSI O NWITH WI THINTENT I NTENTTO TO DELIVER D EL WER A SCH ED L E III SCHEDULE 15 in CONTROLLED CONTROLLED SUBSTANCE SUBSTANCE(As (Asa a1st 1stDegree DegreeFelony). Felony).See SeeJury Jury Trial TrialMims. Mins. at at 3:05:09 3:05:09 -- 16
17 17 10:13PM 10: (Sep. 2, (Sep. 2, 2025). 2025). The The court court briefly brieflytook tookthe thematter matterunder under advisement advisement before before rendering rendering
18 18 its decision to grant the the Defendant's Defendant's Motion Motion to acquit acquit the the Defendant of the Defendant of the First Charge Charge of 19 19 POSSESSION WITH INTENT TO DELIVER EL I V ER A SCHEDULE II CONTROLLED 20 ii SUBSTANCE SUBSTANCE(As (Asa a1st 1stDegree DegreeFelony). Id.atat5:01 Felony).Id. 5:01:27 -- 07:32PM. 21
22 DISCUSSION
23 "The "The court court on on motion motion of ofaa defendant defendant or on on its its own own motion motion shall shall order the entry of aa the entry
24 24 judgment of judgment of acquittal of one acquittal of one or or more more offenses offenses charged charged in in the theindictment, indictment, information information or 25 25 complaint after the the evidence evidence on either side side is closed if if the the evidence evidence is is insufficient insufficient to to sustain sustain a 26 ii conviction conviction of ofsuch offense or such offense or offenses." offenses." 8 GCA §§100.10. 8 GCA 100.10. 27
Decision Decision and Order Re. Re. Defendant's Defendant's Oral Oral Motion Motion for Judgment of Acquittal Judgment of Acquittal People v. Leon Guerrero, CF0690-24 v. Leon Page Page 2 of of5 1 ruling on a motion for judgment When ruling judgment of of acquittal, acquittal, aa court court"review[ "review[s] s] the evidence in 2 . . . . the light most favorable to to the the People People and determine[s] whether any and determ1ne[s] any rational rational trier trler of of fact could 3 essential elements have found the essential elements of of the crime beyond a reasonable reasonable doubt." v. Win, doubt." People v. Wia, 2020 4
5 Guam 17, ,r,r Guam 17, W 35-36 35-36 (internal (internal citations omitted). "This citations omitted). "This is aa 'highly 'highlydeferential deferential standard standard of
6 6 review."' People v. Song, Song, 2012 Guam 21 ,r1]26 Guam 21 (quoting People v. 26 (quoting v. Tenorio, 2007 Guam 19 ,r 9). 19 1] 9).
7 7 However, "the "the People People 'must 'must be be afforded afforded the the strongest legitimate view strongest legitimate view of of the the evidence evidence and and all 8 8 reasonable inferences reasonable inferences that that may may be be drawn therefrom."' Id. ,r Id. atat 1] 28 (quoting State State v. v. Sick, Sisk, 343 343 9 s.w.3d S.W.3d60, 60,65 65 (Tenn. 2011)). (Tenn. 2011)). 10
11 Moreover, Moreover, "[i]t "[i]tisisnot nothe theprovince provinceofofthe thecourt, court,in indetermining determining [a [a motion motion for for aa judgment judgment
12 12 of of acquittals, to resolve conflicts in acquittal], to in the the evidence, evidence, to to pass pass upon the the credibility of of witnesses, witnesses, to 13 13 determine the plausibility determine the plausibility of of explanations, or to explanations, or to weigh weigh the the evidence, evidence; such such matters are for the matters are 14 14 jury. *** *** [Instead, [Instead,t]he t]hecourt courtisisconcerned concerned with with the the existence existence or or nonexistence of evidence, not its 15 15 16 weight, . . . and and this this standard remainsconstant standard remains constanteven evenwhen whenthe thePeople People rely rely exclusively exclusively on 16
17 17 circumstantial evidence." Win circumstantial evidence." ,i 36. Wia 1] 36. (internal (internal citations citations omitted); omitted), see also also People v. Cruz, Cruz, 1998 1998
18 18 18 ,r ~- Guam 18119. 19 The Defendant argues that Defendant argues thatthe the People People have have failed failed to show show that that this charge charge can can go 20 to the forward to the jury juryfor fordeliberation, deliberation,because becausenothing nothingmore morethan thansuspected suspectedmethamphetamine methamphetamine 21
22 residue was presented residue was presentedto tothe thejury. jury.See SeeJury JuryTrial TrialMins. Mins. at at 3:05:09 3:05:09-10:13PM -10:13PM (Sep. 2, 2025). 2025). In 22
23 23 response, the People indicated that there response, the there was more than enough enough evidence presented in its case-
24 24 in-chief for the the first charge to go forward charge to forward to the the jury. Id. Id. at at 3:10:14 3:10:14 -- 13:30PM. 13:30PM. Namely, the the 25 25 People stated stated that multiple multiple digital scales, scales, a green green straw straw with with residue, residue, several pipes, and all the 26 witnesses' testimonies testimonies show show that that the the Defendant Defendant possessed possessed methamphetamine with the methamphetamine with the intent to 27 27
28 deliver, deliver, manufacture, methamphetamine.Id. manufacture, or dispense methamphetamine. Id
Decision Decision and Re. Defendant's Oral and Order Re. Oral Motion Motion for for Judgment of Acquittal Judgment of People v. v. Leon Guerrero, Guerrero,CF0690-24 Page 3 of5 1 Looking at Looldng at the the evidence evidence in in the the light light most most favorable favorable to to the the People People as as the the nonmoving nonmoving 2 2 amount of methamphetamine party, an unquantified amount methamphetamine residue residue along along with the testimony and and other 3 pieces of physical evidence of physical evidence the the People indicated indicated above, are not enough for any rational rational trier trier of of 4 5 5 to conclude fact to conclude that that the the Defendant Defendant possessed possessed methamphetamine methamphetamine with with the the intent intent to to deliver
6 6 methamphetamine on October 1, methamphetamine 1, 2024. 7 Therefore, Therefore, the the court court finds finds that acquittalasastotothe thatacquittal theFirst FirstCharge ChargeofofPOSSESSION POSSESSIONWITH WITH 8 8 TO DELIVER INTENT TO DELIVER AASCHEDULE SCHEDULE IIII CONTROLLED CONTROLLEDSUBSTANCE SUBSTANCE(As (Asaale1st Degree t De gre 9 is appropriate Felony) is appropriate in in this this case case upon upon reviewing the evidence in a light most favorable to the reviewing the the 10 10
11 II People.
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Decision Decision and and Order Re. Re. Defendant's Defendant's Oral Oral Motion Motion for Judgment of Acquittal Judgment of Acquittal People v. v. Leon Leon Guerrero, CF0690-24 Guerrero, CF0690-24 Page 4 of of55 ·CONCLUSION 2 For the reasons set forth above, the Court GRANTS the Defendant's oral Motion for
Judgment of Acquittal as to the First Charge of POSSESSION WITH INTENT TO DELIVER 4
5 A S'.CHEDULE II CONTROLLED SUBSTANCE (As a 1st Degree Felony).
6.
8 SO ORDERED this _ _......\D"'-\+=''Zi-~J..\1--z~.~----• nunc pro· tune, September 2, 2025. 9
IO
12 HONORABLE ALBERTO E. TOLENTINO 13 Judge, Superio! Court of Guam
14 .
16 ·
2.3 SERVICE VIA E-MAIL I acknOwledge that an electronic 24 copy of the original was e-mailed to:
25 l)fu,. f'rsk«:
Decision and Order Re ..Defendant's Oral Motion for Judgment of Acquittal People v. Leon Guerrero; CF0690~24 Page 5 of5