People v. Leon Guerrero

Opinion

Fi5 L l:: D

1 2- I- *

l CLERK CLERKCE? C%¥2i

OF COURT

2 2025 OCT 2825 BUT2127 PM

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3 E Fl? r I

SUPEW*

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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-incase

-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

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

28

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 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

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

·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.

7

8 SO ORDERED this _ _......\D"'-\+=''Zi-~J..\1--z~.~----• nunc pro· tune, September 2, 2025. 9

IO

11

12 HONORABLE ALBERTO E. TOLENTINO 13 Judge, Superio! Court of Guam

14 .

16 ·

17

18

19

20

21

22

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«:

26

28

Decision and Order Re ..Defendant's Oral Motion for Judgment of Acquittal People v. Leon Guerrero; CF0690~24 Page 5 of5