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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
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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 pre- court 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
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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
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
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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.
6 MAY 1 [. 2025 L *
SO ORDERED this - - - - - - - - - - - ORDEREDthis 7
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
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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
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
Decision Decision & Order Order Re. Re. Motion Motion to to Dismiss People v. v. Leon Guerrero, CF0690-24 Page 9 of 9