FL .0 cL§a§=< G?
1
2 2025 Ff&Y 2025 MAY 1515PHP ii:~:us»
4
3 SU£%&IR§§j§§2?.
SUPERIOR COURT Q
m f G } % €.611 OFGUAM~
4
5 IN THE SUPERIOR COURT COURT OF
OF GUAM
GUAM
6 ) CRIMINAL CASE no.
NO.CF0690-24
CF0690-24
7 PEOPLE OF GUAM, PEOPLE GUAM, ) GPD GPDR€po1lt Nos. 24-23035/24-17683/24-20828/ Report Nos. 24-23035/24-17683/24-20828/ )) 24-23045 24-23045
8 vs. ))
)
9 )
10 10 JESSEANDREW JESSE ANDREW LEONLEON GUERRERO, GUERRERO, ))
)) DECISION DECISION & ORDER
aka Jesse JesseAaron AaronLeon
Leon Guerrero
Guerrero RE. MOTION TO DISMISS 11 11 DOB:
DOB:01/10/1972 01/10/1972
)) )
12 ))
Defendant.
))
13 1 ________________ ))
14 14
15 15 This matter came
came before
before the
the Honorable
Honorable Alberto
Alberto E. Tolentino
Tolentino on
onFebruary
February 20,
20, 2025,
2025, for aa
16 16 motion motion hearing. JesseAndrew hearing. Defendant Jesse AndrewLeon Leon Guerrero
Guerrero("Defendant")
("Defendant") was
was present
present with
with counsel
17 17 Attorney Thomas Thomas Fisher. Assistant
Assistant Attorney
Attorney General
General Aaron Boyce was present present for
for the
thePeople
People of
of
18 18 Guam ("People").
("People"). The
Thecourt
courtaddressed
addressed the
the Defendant's
Defendant's Motion
Motionto
toDismiss
Dismiss filed
filedon
onJanuary
January 29,
19 19 2025. Following the 2025. Following thehearing, hearing, the
thecourt
courttook
tookthe
thematter
matterunder
underadvisement
advisement pursuant
pursuant to Supreme
Supreme
20 20
Z1 21 Court of GUam AdministrativeRule Guam Administrative Rule06-001, 06-001,CVR
CVR7.l(e)(6)(A)
7.l(e)(6)(A) and
and CR 1.1 the Local
1.1 of the Local Rules of of
22 the Superior Court of Guam. At aa subsequent Guam. At motion hearing subsequent motion hearing on on April
April 21,
21, 2025, the
the court orally
orally
23 23 denied the the Defendant's
Defendant's Motion
Motion to Disiniss.
Dismiss. Having
Having duly
duly considered
considered the parties'
parties' briefings, oral
24 arguments, andthe arguments, and theapplicable applicablelaw,
law,the
thecourt
courtnow
nowmemorializes
memorializesitsitsoral
oralruling,
ruling,DENYING
DENYING the
25 25 Defendant's Defendant's Motion Motion to
to Dismiss
Dismiss in
in this
this Decision
Decision and
and Order.
26 26
27 \\ 28 \\
Decision Decision &
&Order
Order Re.
Re. Motion
Motion to
to Dismiss
People People v.
v. Leon Guerrero, CF0690-24 Page 11 of9
BACKGROUND
1
2 On October 8, 2024, 2024, the
the Defendant
Defendantwas
wascharged
chargedwith
withthe
thefollowing
followingoffenses:
offenses: (1)
(1) Three
3 counts of POSSESSION counts of POSSESSIONOF OF AA SCHEDULE
SCHEDULE II CONTROLLED
CONTROLLED SUBSTANCE FOR
SUBSTANCE FOR
4 DELIVERY, DISPENSING, OR MANUFACTURING (As DISPENSING, OR (As aa let 1stDegree
Degree Felony);
Felony); and
and (2)
5 POSSESSION OF AA FIREARM POSSESSION OF FIREARM WITHOUT VALID VALID IDENTIFICATION (Asaa3rd IDENTIFICATION(As Degree 3rd Degree
6 7 Felony).
Felony). See Indictment (Oct. 8, 2024).
See Indictment
7
8 The Defendant Defendant asserted his right to speedy trial at arraignment on November 2024. As November 21, 2024. As
9 9 a result, result, the the court
court issued
issuedits
itsCriminal
CriminalTrial trial for and trial
jury selection and
setting jury
Order, setting
Scheduling Order,
Trial Scheduling
10 10 December 30, December 2024. 1 See 30, 2024.1 See C.T.S.O. held aa precourt held
the court
2024, the
18, 2024,
December 18, On December
3, 2024). On
C.T.S.O. (Dec. 3,
11 11 tnlal conference where the trial conference the Defendant stated statedon
onthe recordthat
therecord hesubmitted thathe Petitionfor submittedaaPetition Writ of forWrit of
12
1133 Habeas Corpus in case. See in this case. SeePre-Trial Pre-Trial Conference at9:27:03AM Mins. at
Conference Mims. 18, 2024). Later 9:27:03AM (Dec. 18,
14 14 that day, the court that day, court addressed this issue addressed this issue at
at a continued conference. Ultimately, pre-trial conference.
continued pre-trial the Ultimately, the
15 15 Defendant withdrew the Defendant withdrew the Petition and, upon his and, upon request for his request release from confinement for release the confinement at the
16 16 Department of Corrections, Department of was released Corrections, was house arrest.
released on house See Pre-Trial arrest. See at Conference Mins. at
Pre-Trial Conference
17 17 18 3:07:17PM (Dec. 18, 18, 2024).
18
19 19 At At the
the continued
continued pre-trial
pre-trial conference on
on December 2024, the Defendant agreed to 27, 2024,
December 27,
20 20 to speedy right to
his right
waive his until January trial until
speedy trial 10, 2025.
January 10, 2025. See Conference Mins.
Pre-Trial Conference
See Pre-Trial at Mins. at
21 . .
2:37:44PM (Dec. 27, 2:37:44PM (Dec. 2024). Upon 27, 2024). the Defendant's Upon the temporary waiver, Defendant's temporary the court waiver, the vacated jury court vacated
22 22 selection and and trial
trial originally
originally scheduled
scheduled for
for December 2024, and 30, 2024,
December 30, continued the and continued pre-trial the pre-trial
23 23 24 conference to January 10,2025.
January 10, 2025.Id
Id At
At that court ordered the the court
that conference, the produce the People to produce
24
25 25 information regarding confidential informants informants by
by close
close ofofbusiness
business on
on January 2025, if
13, 2025,
January 13, if they
26 26 intended to to utilize
utilize any. See Pre-Trial Conference any. See Conference Mins. 10, 2025).
(Jan. 10,
2:14:20PM (Jan. at 2:14:20PM
Mins. at
27
28 28 In accordance 11 In accordance with the forty-five with the forty-five (45) day period (45) day period under
under 88 G.C.A.
G.C.A. §§ 80.60(a),
80.60(a), the
the last day to
last day to bring
bring the
the Defendant
Defendant to
to
trial was January 5, 2025.
Decision Decision &
& Order
Order Re. Motion
Motion to
to Dismiss
People People v. Guerrero, CF0690-24 v. Leon Guerrero,
Page Page 2 of9
of 9
After receiving
rece1vmg no
no information
information regarding
regarding the
the People's
People'sconfidential
confidential informants,
informants, the
the
l 2 2 Defendant filed filed aa Suggestion
Suggestion of
ofContempt
Contemptand
andMotion
Motionon
onJanuary
January 14,
14, 2025.
2025. In
In response,
response, the
the
3 People filed filed under
under seal
seal an Ex Parte Motion
Motion for
for Relief
Reliefand
andClarification
Clarificationon
onJanuary
January 17,
17, 2025. At
2025. At
4 . .
the status hearing the status held on hearing held January 23, on January 2025, the
23, 2025, court addressed the court theDefendant's addressed the Suggestlon of Defendant's Suggestion of 5 Contempt and Motion and and Motion andthe
thePeople's
People's Ex Parte Motion., Motion.; however,
however,the
theDefendant
Defendantalso
also asked
asked the
6 7 court to release release the defendant
defendant of all
all pre-trial
pre-trial conditions
conditions and
and dismiss
dismiss this case
case with
with prejudice,
prejudice,
7
8 8 noting that the the court was without jurisdiction jurisdiction to proceed against the the Defendant.
Defendant. See
See Status
StatusH'rg
H'rg
9 9 Mins. at at 3:37:50 - 38:25
38:25 (Jan.
(Jan. 23, 2025).
2025).
10 On On January 29,2025,
January 29, 2025,the
theDefendant
Defendantfiled
filedthe
theinstant
instant MotiontotoDismiss Motion Dismiss("Motion") and aa ("Motion")and
11 11 Motion response to Motion in Limine. In response the Defendant's to the Motion, the Defendant's Motion, People filed thePeople itsMotion filed its for Leave Motion for Leave
12 12
13 13 of of Court Court to to file
fileResponse
Response on the day
on the day ofofthe
themotion
motionhearing.
hearing. During
During this
this motion
motion hearing on
hearing on
14 14 February 20, 2025, the courtheard heard oral arguments on the the Defendant's
Defendant's two motions as well as as his
15 15 co-defendant's Motion Motion to Suppress. 2 In to Suppress.2 In regards regardsto
to the
theDefendant's
Defendant's Motion
Motion in Liming,
Limine, the
the court
16 16 granted "the "the exclusion of all the the evidence as
as to that confidential
confidential informant." H'rgMims.
informant." Mot. H'rg at Mins. at
17 17 2:49:57 - 50:49PM (Feb. 20, 2:49:57 20, 2025). For For the Defendant's Motion Motion to
to Dismiss,
Dismiss, the took the court took
the court
18 18
19 19 matter under advisement.
20 DISCUSSION 21 Pursuant Pursuant toto 88 G.C.A.
G.C.A. §§ 80.60,
80.60, the
the court
court shall
shall dismiss
dismiss aa criminal
criminal action
action for
for failure
failure to
to
22 commence trial of commence trial of a a defendant within forty-five defendant within forty-five (45)
(45) days
days after
after arraignment. See 88 G.C.A.
arraignment. See G.C.A. §§ 23 23 80.60(a)(2)- 80.60(a)(2).
24 24
25 25 \\
26 26 \\ 27
28 28 2 2 Because the Because theDefendant Defendantdid
didnot
notjoin
join in on his co-defendant's Motion Motion to
to Suppress,
Suppress, the court will address the not address
will not the
argument made made on it.
Decision Decision &
& Order
Order Re.
Re. Motion
Motion to
to Dismiss
Peoplev. Leon Guerrero,CF0690-24 Page Page 3 of9
Subsection (b) of Subsection (b) of 8
8 G.C.A.
G.C.A. §§80.60
80.60 outlines
outlines the
the following
following exceptions
exceptions to
to aa trial
trial court's
court's
1
2 dismissal dismissal of a criminal criminal action for
for failure to
to commence
commence trial
tnlalwithin
withinthe
theforty-five
forty-five (45)
45) day period:
3 (1) The Theaction
action isisset
seton
onaadate
date beyond
beyond the the prescribed prescribed period
period upon motion of the the defendant or with
with his consent, express or implied, and and he is brought toto trial on 4 the date so set or
date so or within
within ten (10) days thereafter;
thereafter,
5 (2)
(2) The
Thedefendant
defendant failed
failed to
toappear
appear forfor trial
trial and
and he
he is
is brought
brought to trial within
within thirty
(30) days
days following
followinghis hisnext
nextappearance
appearance in in the
the trial court,
court; or
6 (3)
(3) Good
Goodcause
causeis is shown
shown forfor the
the failure
failure to
to commence
commence the the trial within within the
the prescribed
7 period.
8 8 8 G.C.A.
G.C.A. §§ 80.60(b)(1)-(3).
80.60(b)(l)-(3).ItItisisundisputed undisputed that
that trial did not
trial did not commence
commencewithin
withinforty-five
forty-five (45)
(45)
9 days days of the Defendant's arraignment. However, the arraignment. However, the court courtwill
will review whether
whether any of
of the
the three
three
10 10 exceptions to this this case's
case's dismissal
dismissal under
under88G.C.A.
G.C.A. §§ 80.60(a)(2)
80.60(a)(2) apply.
11 II A. A. Defendant DefendantLeon
LeonGuerrero
Guerreroexpressly
expresslyconsented
consented to
to set
set a trial
trial date
date beyond
beyond December
December
12 12 30, 2024.
13 "[S]uch "[S]uchan
an action
action will
willnot
notbe
bedismissed
dismissedififthe
theaction
actionisisset
seton
onaa date
date beyond
beyond the prescribed
14 14 period upon period upon motion ofthe motion of the defendant
defendant or
or with
with his express or implied, and he is brought to his consent, express
15 15
16 16 trial on the date on the date so set or within set or within ten
ten (10)
(10) days
days thereafter"
thereafter" Quinafa
Quinata v,
v. Superior
Superior Court
Court (People),
(People),
17 2010 2010 Guam Guam 88 ,r1]13
13(citing
(citing 88 G.C.A.
G.C.A. § 80.60(b)(1) (2005)
§ 80.60(b)(l) (2005) (emphasis (emphasis added)).
added)).
18 18 The Defendant claims that thathe
he"has
"hasnot
notwaived
waived his
hisright
rightto
to speedy
speedytrial
trialeither
eitherexplicitly
explicitly or
19 19 implicitly." Mot. implicitly." Mot.Dismiss Dismissate
at 2(Jan.
(Jan.29,
29, 2025).
2025). Although
Although jury
jury selection
selection and
and trial was originally set 20 20 for December December 30, 2024, the Defendant through counsel orally requested counsel orally requested to vacate that that trial
trial date
date
21
22 during pre-trial conference during a pre-trial conference on December 27, 2024.
2024. Specifically, defense defense counsel
counsel made
made this
this
23 23 request to review approximately request to hundredtwenty approximately one hundred twenty(120)
(120) pages
pagesof
of discovery he received the 24 24 day before. See See Pre-Trial
Pre-Trial Conf.
Conf.Mims.
Mins. at
at 2:38:50
2:38:50 ~39:11
-39:11 (Dec.
(Dec. 27, 2024). 3 Upon 27, 2024).3 Upon hearing hearing the
z5 25 Defendant's Defendant's verbal verbal consent
consent to
to having
having aa trial
trial after
afterDecember
December30,
30,2024,
2024, the
the court
court vacated
vacated that jury
jury
26 26
27 3 ,r 36 (citing People v. Super. Ct. (Alexander), 3 See People v. Flores, 2009 Guam 22 1136 (citing People v. Super. Cr. (Alexander), 37 Cal. Rptr. 2d 729,738 (Ct.
See People v. Flores, 729,738 (Ct.
28 28 App. 1995) ("However,ifif 1995) ("However, the
thereason
reasonfor
forthe
thedelay
delayisistotobenefit
benefithe
thedefendant
defendantbecause
because defense
defense counsel
counsel needs additional
time to to prepare
prepare the case
case or to secure
secure witnesses,
witnesses, the
the case
casecan
canproperly
properlybe
becontinued.").
continued.").
Decision Decision &
& Order
Order Re.
Re. Motion
Motion to
to Dismiss
People People v. Leon Guerrero, CF0690-24 Page 44of9
off
selection and trial date and continued the the pre-trial conference to to January
January 10,
10, 2025. Id.
Id. Inasmuch
1
2 as the Defendant filed his waiver waiver of
of speedy
speedy trial
trial until
until January
January 10,
10, 2025,
2025; the court finds that he
3 expressly consented consented to a trial date date beyond
beyond December
December 30,
30, 2024.
4 B. The Thecourt
courtalso
also finds
finds good
good cause
cause for
for failure
failure to
to commence
commence trial
trial within
within the
the nine
nine (9)
(9) days
5 remaining remaining on
on Defendant
Defendant Leon
Leon Guerrero's
Guerrero's speedy
speedy trial
trial clock.
6 Pursuant to 88 G.C.A.
Pursuant to G.C.A. §§ 80.60, 80.60, the
the court
court shall
shall dismiss
dismiss aa criminal
criminal action
action for
for failure
failure to
to
7 7 commence trial trial of aa defendant within forty-five (45)
(45)days
days after
after arraignment
arraignment unless there
there is good
8 cause for failure cause for to commence failure to commence the
the trial
trial within
within the
the forty-five
forty-five (45)
(45) day
day time
time period.
period. See
See 88 G.C.A.
G.C.A. §§
9
IO 10 80.60(b)(3). 80.60(b)(3). "[W]hat constitutes good cause for the delay of of aa criminal
criminal trial
trial is a matter that lies
II 11 within the discretion of of the trial court." People v.
v. Flores,
Flores, 2009 Guam
Guam 22 ,r 32
22 'H 32 (citing
(citing California
12 12 v. Johnson, Johnson, 606 P.2d 738, 746 (Cal. 1980)). "[G]eneral1y speaking, 1980)). "[G]enerally speaking, delay delay that
that isis 'caused
'caused by the
13 1 conduct of the the defendant'
defendant' or intended 'for the defendant's benefit' constitutes constitutes good cause." Id cause." Id.
14 14 Johnson, 606 P.2d at 746;
(citing Johnson, 746, People v.
v. Ibanez, 91-000lA, 1992 Ibanez, DCA 91-0001A, 1992 WL 97221, 97221, at
at** 2 (D.
15
16 16 Guam App. Div. Apr. 16, 1992);
1992), see also Carver v.
v. Superior
Superior Court ofGuam
Guam (People),
(People), 1998
1998 Guam
Guam
,r,r 14-16.
17 23231111 14-16. 18 18 Upon the end
end of
of the
the Defendant's
Defendant's temporary
temporary waiver
waiver of
ofspeedy
speedy trial
trial on
on January
January 10,
10, 2025,
19 the last day to bring the Defendant Defendant to
to trial
trial became
became January
January 21, 2025. 44 On January 10, 21, 2025. 10, 2025, the 20 20 court ordered the People to disclose information regarding confidential informants init if intended
21
22 22 to present any at trial, to trial; notwithstanding the People's notwithstanding the People's objection objection to
to its
its disclosure.
disclosure. See
See Pre-Trial
Pre-Trial
23 23 Conference Conference Mims. at 2:
Mins. at 2:14:20PM
14:20PM(Jan.
(Jan.10,
10,2025).
2025).The
TheDefendant
Defendant filed
filed aa Suggestion
Suggestion of
of Contempt
24 24 and Motion and January 14, Motion on January 14, 2025, 2025, after
after receiving
receiving no
no information about
about the
the People's
People's confidential
25 informant by the court's January 13th deadline. Although the People filed under seal an Ex Parte 26 26
27
28 28 44 Because Because the the expiration
expiration date
date of
of January
January 19,
19, 2025,
2025, fell
fell on
on aa Sunday
Sunday and the
the following
following day was a holiday, the last day trial became
to bring the Defendant to trial became January 21, 2025.
Decision & Order Re. Motion to Dismiss People v. Leon Guerrero,
Guerrero, CF0690-24 Page 55 of9 Page off
Motion for Relief Relief and
and Clarification
Clarification on
on January
January 17,
17, 2025, it was still unclear to to the court why
why the
1
2 confident ia l informant confidential infor ma ntwas wa s not
not produced
pr oduced and
a nd whether
whet her the
t he People
eople still
st ill intended
int ended to
t o use
use aa
3 confidential confidential informant informant at
at trial. convenience, the court scheduled trial. At its earliest convenience, scheduled aa status hearing for 4 . . . . .
January 23, 2025, January 23, 2025, to to determine
determine how
how all
all parties
pomes intended
intended to go
go forward
forward in
in thls
this case.
case. The court
court
5 found found that a status status hearing
hearing was necessary before setting necessary before setting a trial trial date
date when considering
considering the
6
7 circumstances surrounding the circumstances surrounding the confidential informant's uncertain presentation at trial trial and
and how
7
88 this might affect the Defendant or his co-defendant co-defendant at the time.
9 finds that
The court finds that the
the Defendant's Suggestion Suggestion and
and of Contempt and Motion for the 10 .
People's failure People's failure to to disclose
disclose the
the confidential
confidential informant
informant was
was intended
intended for the Defendant's benefit benefit
11 11 and necessary for him to necessary for to properly properly prepare
prepare his defense.
defense. Therefore, the delays involving the Therefore, the
12 12
13 13 production production of any confidential informant were confidential informant were sufficient good cause sufficient good cause to
to toll the Defendant's
Defendant's
14 speedy trial clock until its resolution.
15 15 C. Alternatively, Alternatively,Defendant
DefendantLeon
LeonGuerrero
Guerreroimplicitly
implicitlyconsented
consented to
to aa trial
trial date
date beyond
beyond
16 the statutory period.
17 17 As mentioned mentioned earlier,
earlier, a criminal action will not be dismissed if if a defendant
defendant expressly or
18 18 implicitly implicitlyconsented consented to
to aa trial
trialdate
date beyond
beyond the
the statutory
statutory period. See rata v.
See Quinata v. Superior
Superior Court
19 19 (People), 2010 Guam 881],i 13 (People), 13 (citing (citing 88 G.C.A.
G.C.A. §§ 80.60(b)(1) (2005) (emphasis 80.60(b)(l) (2005) (emphasis added)).
added)). "While
"While
20
assertions of rights rights are
are entitled
entitled to
to strong
strong evidentiary
evidentiary weight, they are are to
to be
be viewed
viewed in light of
of the
21
22 22 defendant's other other conduct."
conduct." Flores, 2009 Guam 22 1132 (citing United ,i 32 (citing United States v.v. Loud Hawk, 474
23 U.S. 302, 314 (1986).
(1986). Alternative
Alternative to
to the
the court's finding of
of good
good cause,
cause, the court
court also finds that
24 24 the Defendant implicitly consented to a later trial trial date
date based
based on his
his conduct in proceeding with 25 ia l. Specifically, trial. Specifica lly,the the Defendant's
Defenda nt's actions,
a ctions, subsequent
subsequenttoto his
his Motion
Motion being
being taken under
under
26 26
27 27 advisement, have been inconsistent with any argument argument that
that this court no longer longer has jurisdiction
28 to go forward with trial against him.
Decision Decision &
& Order
Order Re. Motion
Motion to
to Dismiss
Dismiss
People v.
v. Leon Guerrero,
Guerrero, CF0690-24
of9
Page 6 of
Without objection
objection from
from either
either party,
party, the court scheduled scheduled aapre-trial
pre-trialconference
conferencefor
for April
April
l
2 16, 2025, 16, and jury 2025, and jury selection selection and
andtrial
tal for
forApril
April21,
21,2025.
2025.See
SeeFurther
Further Proceedings
Proceedings Mins. at
at
3 28, 2025).
2:23:48PM (Mar. 28, 2025). At At the
the pre-trial
pre-trial conference, the Defendant expressed expressed his intent to
4 proceed with trial on the 21st, and understoodpotential and understood potential evidentiary evidentiary issues
issues between the
the original
original
5 and and superseding indictmentsthat superseding indictments thatmust mustbe
be addressed
addressedbefore
beforetrial
trial can
can begin.
begin. See
See Pre-Trial
Pre-Trial
6
Conference Mims. at 9:36:04AM Mins. at 9:36:04AM (Apr.
(Apr. 16,
16, 2025).
2025). Instead
Instead of
ofobjecting
objectingon
onthe
the record
record to
to aa trial date
date
7
8 filing an or filing an objection objectionto
tothe
the trial
trial date
date beyond
beyond the
the statutory period, the statutory period, the Defendant Defendantfiled
filed a Motion
Motion
9 in in Limine asking that "the asking that "the venire be assembled no later assembled no later than
than21
21April
April 2025
2025 for
for jury selection." 77
10 10 See Mot. Limine (Apr.
See Mot. (Apr. 16, 16, 2025).
11 11 On On April
April17,
17,2025,
2025,the
theDefendant
Defendant was
wasarraigned
arraigned on
onthe
thesuperseding
superseding indictment.
indictment. See
See
12 12
13 13 Arraignment H'rg Mims. Arraignment H'rg at 9:40:25AM Mins. at 9:40:25AM (Apr. 17, 17, 2025).
2025). Upon
Upon the
the court's
court's question
question of how the
the
14 14 Defendant wished to plead plead to
to the
the charges
charges in
inthe
the superseding
superseding indictment,
indictment, the
the Defendant
Defendant through
through
15 15 counsel counsel stated on the stated on therecord,
record,"we
"we plead not guilty
guilty to
to the
the charges
charges contained therein.
therein. We
We ask for aa
16 16 trial of
jury trial of twelve, twelve, Laxamana material, and the grand jury and the jury disk, and we are asserting the right asserting the right to
17 17 speedy trial." Id. speedy trial." Id. at at 9:41:05 4l:l2AM.55The 9:41:05-- 41:12AM. TheDefendant Defendant also
also filed
filed the
the following
followingdocuments
documents in
in
18 18
19 19 preparation for jury preparation for jury selection selection and
andtrial:
trial: Assertion
Assertion of
of Speedy Trial, Defendant's Speedy Trial; Defendant's Proposed Proposed Void
Voir
20 Dire, Dire; Defendant's Defendant's Notice of
ofDefenses,
Defenses; Defendant's
Defendant's Witness
Witness List,
List; and
and Defendant's
Defendant's Proposed
Proposed
21 Instructions. 6 AtAtthis Instructi0ns.6 thistime, time,the
theissue
issue
ofofthis
this case's
case's dismissal
dismissal forfor violationofofspeedy violation speedytrial tal was still
22 22 under advisement.
advisement.
23 23
In In the morning
morning of
oftrial
trial on
on April
April21,
21,2025,
2025,the
thecourt
courtaddressed
addressed the
the Defendant's
Defendant's pending
pending
24 24
25 25 motions before it.
motions before the court's Upon the
it. Upon court's denial denial of
ofthe
the Motion,
Motion, the
the parties
parties agreed
agreed that
that aa possible
possible
26 26 55 In People v. Quitugua, In People v. Quitugua, the Guam Supreme Supreme Court
Court indicated
indicated that
that a criminal
criminal is not required to to admit
admit guilt
guilt in
in accordance
accordance
27 27 with with 88 G.C.A.
G.C.A. §§ 60.40 and North 60.40 and North Carolina caselaw. See People v. Quitugua, 2009 Guam Carolina caselaw. ,r 54 FN15 (citing North Guam 55 1154
Carolina v. Alford, 400 U.S. 25 (1970)).
28 28 66 See See Assertion Assertion (Apr.
(Apr. 17,
17, 2025);
2025), Def.'s
Def.'s Proposed Voir Dire Proposed Voir Dire (Apr.
(Apr. 17,
17, 2025);
2025), Def.'s
Def.'s Notice of
of Defenses (Apr. 17,
17,
2025), Def.'s 2025); Def.'s Witness List (Apr. 17, 2025);
2025), Defs
Def's Proposed
Proposed Instructions
Instructions (Apr. 17,
17, 2025).
Decision Decision & Order
Order Re. Motion
Motion to
to Dismiss
People v.
v. Leon Guerrero, CF0690-24 CF0690-24
of9
Page 7 of
suppression motion regarding suppression motion regarding confidential confidential informants
informantsneeded
neededtoto be
be resolved
resolved before beginning 1
2 trial. See Mot. H'rg trial. See H'rgMins.
Mins.atat10:16:10AM
10:16:l0AM(Apr.
(Apr.21,
21,2025).
2025).Based
Basedon
onthis
thisagreement,
agreement, the
the court
court
3 granted the the Defendant's
Defendant's oral request
request for
for leave of
ofcourt
court to
to file
fileaamotion
motiontotosuppress,
suppress, and
and vacated
4 . . . .
afternoon. Id. 7 The
jury selection selection and
and dual scheduled for
trial scheduled for that
that afternoon. Id.7 The Defendant subsequently subsequently filed his
5 Motion Motion to to Suppress
Suppress on May 2, 2025
2025..
6
In In the Defendant's
Defendant's Motion,
Motion, he
he argued
argued that
that "[t]his
"[t]hiscase
caseshould
should be
be dismissed
dismissed as trial is now 7
8 untimely." Mot.
Mot.Dismiss
Dismissat
at 22 (Jan. 29, 2025).
(Jan. 29, 2025). In
In light
light of all of
ofthe
the circumstances thatfollowed circumstances that followed the
9 filing filing of ofthe
theMotion,
Motion,they
theyare
areinconsistent
inconsistentwith
withthe
theDefendant's
Defendant'sargument
argument that
that this
this court
court lacked
10 10 . . . . . . I . . . .
jurisdiction in this thls case;
case, and
and his
his request
request to
to dismiss
dlsmlss this
thls case
case with
wlth prejudice.
prejudice. If the
the Defendant
Defendant
11 11 believed believed that that this case could not proceed to trial anymore, anymore; his
his subsequently filed pleadings subsequently filed pleadings and and
12 12
13 13 conduct at hearings conduct at hearings while the case's case's dismissal
dismissal remained
remained under advisement do under advisement do not reflect that that
14 14 belief. Therefore, Therefore, the
the court
court finds
finds that
that the
the Defendant's
Defendant's actions,
actions, which
which were
were inconsistent
inconsistent with a
15 15 Motion Motion to to Dismiss,
Dismiss, implied
implied the
the Defendant's
Defendant's consent
consent to
to proceed
proceed to
to trial
trial at
at aa later
later date.
16 \\ 17 17 \\ 18 18
19 19 m \\
20 \\ \\ 21 \\ 22 \\ 23 23
24 24 \ \\
25 25 \\ 26 26 \\ 27 The court 17 The court may may allow
allow aa party
party to
to file
file aa motion
motion beyond
beyond the
the time limit previously time limit previously set by the set by the court. See 8
court. See 8 G.C.A.
G.C.A. §
§65.45
65.45.
28 28 When permitting permitting such a request, the court balances request, the balances its its ability
ability to
to control
control its
its docket with
with the
the defendant's right to
prepare a defense. See Unger Ungar v. Sarafite,
Sarajite, 376 U.S. 575,
575,590 (1964).
Decision Decision &
& Order
Order Re.
Re. Motion
Motion to
to Dismiss
People v. Leon Guerrero, CF0690-24 People CF0690-24 Page 8 of9
CONCLUSION
1 For the
the reasons set forth
reasons set forth above,
above, the
the court
courthereby
herebyDENIES
DENIES the Defendant's
Defendant's Motion to
2
3 Dismiss.
Dismiss.
4
5
6 MAY 1 [. 2025
L
*
SO ORDERED this - - - - - - - - - - -
ORDEREDthis
7
8
9
10 10
II 11 0=5-~----- HONORABLE HONORABLE ALBERTO E. TOLENTINOTOLENTINO cm
12 12 Judge, Superior Court of Guam Judge, Guam 13 1
14 14
15 15
16 16
17 17
18 18
19 19
20 20 snvlc: vIA Sl!IIVICI! VIAe-anAII.
1!"'1AIL
ackno* iedge mar
|1 acknowledge u,a, an
~,, electvornf.
eleCtforuc.
Co°" o* Cony of the oug,oa 1wu
the ovvgmav wase ema,1
,~ to mallet to
21 - r
22
Date g / / r x' Ume. %=~ 23 23 Wit/ 5, I4//W @==/I
24 24 Deput:y clerk Deputy cletk ,, Supenol
Superior Court of Guam
Coin of Guam
25 25
26
27
28
Decision Decision & Order
Order Re.
Re. Motion
Motion to
to Dismiss
People v.
v. Leon Guerrero, CF0690-24 Page 9 of 9