People v. Quifunas

Opinion

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2 2025HAY-I 2025 MAY - I PH PM 3:

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SUP.§R5€}R SUPERIORg§l"8i.3?l'§` COURT 4 oOFGU..l,\M~ F am a 5

6 IN THE SUPERIOR SUPERIOR COURT OF GUAM 7

88 PEOPLE OF GUAM, CRIMINAL CASE CASE NO.

no. CF0335-21 CF0335-21 9 vs.

10 DECISION AND ORDER 11 11 MATTHEW MATTHEW HERMAN HERMANQUIFUNAS QUIFUNAS,3 12 12 Defendant.

13 13

14 INTRODUCTION INTRODUCTION 15 15 This matter matter came before the Honorable Vernon P. Perez on February February 24, 2025, for hearing 16 on Defendant Matthew Matthew Herman Quifunas's ("Defendant")

("Defendant") Motion Motion to Take Plea and Apply 9 GCA 17 17 Section 67.401.4(d) or 9 GCA Section 80.22. Present Present were were Defendant Defendant with counsel, F. Randall 18 18 Cunliffe, and Assistant Attorney Cunliffe, Attorney General General Kathleen Kathleen O'Neil O'Neil on behalf behalf of of the People of of Guam.

Guam.

19 19 Having reviewed reviewed the pleadings, pleadings, the the arguments arguments presented, presented, and the record, the Court now issues 20 20 the following Decision Decision and and Order.

Order.

21 21 BACKGROUND 22 On July 15, 2021, Defendant Defendant was indicted indicted with with (1)

1) Possession Possession of of a Schedule II Controlled 23 23 Substance with Intent to to Deliver Deliver (As (As a First Degree Degree Felony) and (2) Possession of of a Schedule II

II

24 24 Controlled Substance Substance (As (As aa Third Third Degree Degree Felony).

Felony). (Indictment, Jul. 15, (Indictment, Jul. 15, 2021).

2021). These These charges 25 25 stem from the discovery of of $5,562 cash cash in in various various denominations, denominations; four four baggies baggies containing containing 39. 16 39.16 26 26 gross grams of suspected suspected methamphetamine;

methamphetamine, three three digital digital scales;

scales, eleven unused small small baggies;

baggies, an 27 27 improvised pipe with suspected methamphetamine residue and two plastic straws with slant cut cut 28

People People v.

v. Quzfunas Quifunas Case No.

No. CF0335-21 CF0335-21 Decision Decision and and Order

Page 11 of5 off 1 ends and the other end heat sealed in Defendant's during the vehicle during Defendant's vehicle effectuation of the effectuation traffic stop ofaa traffic

2 on or about July 8, 2021. (Deel. of 2021. (Decl. Steven J.

of Steven Haderlie, Magistrate's J. Haderlie, Compl., Magistrate's Con 8, 2021).

Jul. 8, pl., Jul.

3 On January 29, 2025, Defendant 29, 2025, filed the Defendant filed instant Motion.

the instant On February Motion. On 11, 2025, the February 11,

4 Government filed Government OnFebruary filed its Opposition. On 20, 2025, February 20, Defendant filed his Reply.

2025, Defendant

5 2025, the On February 24, 2025, Court heard the Court arguments on heard arguments the Motion on the subsequently placed Motion and subsequently

6 the matter under advisement.

7 DISCUSSION

8 Defenda nt moves Defendant moves the t he C Court tto eit her sent either sentence Defenda Defendant pur sua nt to pursuant t o 99 G. A. §§ G.C.A.

9 67.40l.4(d) or to reduce the 67.401.4(d) or First Charge of the First of aa Schedule of Possession of II Controlled Schedule II Substance Controlled Substance

10 with with Intent Intent to to Deliver Deliver (As (As aa First First Degree Degree Felony)

Felony) pursuant pursuant to to 99 G.C.A.

G.C.A. §§ 80.22.

80.22. See generally,

11 11 Jan. 29, Plea, Jan.

Mot. Take Plea, 2025.

29, 2025. The Government opposes, arguing Government opposes, the Court arguing that the cannot Court cannot

12 12 section without implement either section Defendant having without Defendant first changed having first his plea and having been changed his

13 13 advised of generally, Opp'n, Feb. 11, of his rights. See generally, 2025.

ll, 2025.

14 The Court first turns to Defendant's Tums to Defendant pursuant Defendant's request that the Court sentence Defendant

15 to 99 G.C.A.

to G.C.A. §§ 67.401.4(d).

67.40l.4(d). Section 67.40l.4(d) provides:

Section 67.401.4(d) provides:

16 16 The imposition minimum ter imposition of a minimum termm ofofimpr isonment aand imprisonment the prprohibitions nd the ohibitions ofof sentence and granting of of probation and requirement minimum term requirement for service of a minimum 17 17 of imprisonment prior of imprisonment to granting prior to parole as granting parole prescribed by as prescribed by Subsections (a), (b), and Subsections (a), 18 (c) of this Section shall not apply in not apply the case in the of aa person case of whom the person whom court determines the court determines violated violated§§67.40l.l(a)

67.401.l(a) of of this Actfor this Actfor the primary purpose of enabling primary purpose ofenabling him to obtain 19 19 which he a narcotic drug which he requires for his requires for personal use because of his personal of his addiction to 20 such drug." 21 99 G.C.A.

G.C.A. §§ 67.401.4(d)

67.40l.4(d) (2022)

(2022) (emphasis (emphasis added).

added). Here, Here, Defendant Defendant is is charged charged with with Possession Possession of of 22 a Schedule II Controlled Substance with Intent to Deliver (As a First Degree Felony) based on 23 23 15, his possession with intent to deliver an amphetamine-based substance. (Indictment, Jul. 15, 24 Appendix BB of the Guam in Appendix listed in are listed Substances are Controlled Substances Schedule II Controlled 2021). Schedule Uniform Guam Uniform 25 Controlled Substances Act Controlled Substances ("GUcsA").'1 See Act ("GUCSA"). See9 9G.C.A.

G.C.A.§ §67.205 67.205 (2022)

(2022) ("Unless ("Unless specifically specifically 26 26

27 27 '1 underAppendix stimulantsunder listedasasstimulants arelisted amphetamineare and amphetamine Methamphetamine and Methamphetamine See 99 G.C.A.

AppendixB.B. See 67, Chapter 67, G.C.A. Chapter 28 Appendix B(C)(l) &&(2) Appendix B(C)(1) (2022).

(2) (2022).

People People v. Quifunas Case No. CF0335-21 Decision Decision and and Order

Page Page 2 of of5 1 excepted by Guam or Federal law, or Guam or Federal regulation, or more specifically specifically included included

22 in another schedule, Schedule II controlled substances are listed in Appendix B of this Act."). Not Not

3 all Schedule II Controlled Controlled Substances Substances are are narcotic narcotic drugs drugsunder underthe theGUCSA.

GUCSA. The The GUCSA GUCSA sets sets 4 forth that Narcotic drug drug means means any of the following, however manufactured:

5 (1) Opium, Opium, opium opium derivative derivative and and any derivative derivative of either, either, including including any salts, salts, isomers and salts of isomers of them that are theoretically possible within the 6 specific chemical designation, but not isoquinoline alkaloids of of opium, opium;

7 (2) synthetic opiate and any derivative of of synthetic opiate, including any isomers, esters, ethers/salts, and esters, ethers/salts, and salts salts of isomers, isomers, esters, esters, and and ethers ethers of them that are are 8 theoretically possible within the specific chemical designation;

designation, 9 (3) poppy straw straw and concentrate of of poppy straw, straw;

10 10 (4) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine and derivatives of of ecgonine, or or their salts, have been removed, removed;

11 II (5) cocaine, or any salt, isomer or salt of of isomer of cocaine;

cocaine, 12 12 (6) cocaine base, base;

(7) ecgonine, or any derivative, salt, salt, isomer isomer or salt of isomer of ecgonine;

ecgonine, and 13 1 (8) compound, mixture or preparation containing any quantity of of a substance listed 14 14 Paragraph.

in this Paragraph.

15 99 G.C.A.

G.C.A. §§ 67.lOl(u)

67.lOl(u) (2022).

(2022). Thus, Thus, under under the the GUCSA, GUCSA, aa Schedule Schedule II II Controlled Controlled Substance Substance can can 16 16 be aa na narcotic rco oor r a anonon-narcotic n- na r c o tic ddrug.

ru Section Section 67.lOl(u)

67.lOl(u) plainly plainly does does not not categorize categorize 17 17 methamphetamine methamphetamine or amphetamine as or amphetamine as aa narcotic narcotic drug.

drug. See See 99 G.C.A.

G.C.A. §§ 67.l0l(u)

67.lOl(u) (2022).

(2022). Section Section 18 18 67.40l.4(d)

67.401.4(d) requires the Court requires the Court to to determine determine Defendant Defendant violated violated 99 G.C.A.

G.C.A. §§ 67.401.l(a)

67.40l.l(a) "for "for the the 19 19 primary purpose of enabling him to obtain a narcotic drug which he requires for his personal use 20 20 because of his because of his addiction to such addiction to such drug."

drug." 99G.C.A.

G.C.A. §§67.401.4(d)

67.401.4(d) (emphasis added). Because (emphasis added). Because 21 amphetamine and methamphetamine amphetamine methamphetamine are are not considered narcotic drugs under the GUCSA, section 22 67.401.4(d) does not 67.401.4(d) does not apply apply to to Defendant, Defendant, and and the the Court DENIES this portion Court DENIES portion of Defendant's 23 23 Motion. 24 24 The Court next turns to Defendant's request request that the Court Court reduce reduce the Possession of a 25 Schedule II Controlled Substance Substance with with Intent Intent to Deliver (As a First Degree Felony) to simple 26 Possession of a Schedule Possession II Controlled Schedule II Controlled Substance Substance (As (As aa Third Third Degree Degree Felony).

Felony). Pursuant Pursuant to 9 27 21 G.C.A.

G.C.A. §§ 80.22:

80.22:

28

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If, . If,when whenaaperson person has has been been convicted convicted of ofan an offense, offense, the the court, court, having regard to the 1 nature and circumstances nature circumstances of of the the offense offense and to the history andand character character of the the 2 offender, offender, is of the view that it would be unduly harsh to sentence the offender in 3 accordance with the accordance with the code, code, the the court court may enter enter judgment for aa lesser lesser included included offense and impose sentence accordingly.

4 99 G.C.A.

G.C.A. §§ 80.22.

80.22. The The Court Court agrees with the agrees with the Government Government that that itit isis premature pregaMe for for the the Court Court to to 5 determine whether not a reduction of offense is appropriate in this matter because Defendant has 6 not yet plead guilty and "been convicted convicted of an offense" as set forth offense" as forth in the statute.

statute. Although Although 7 Defendant sets forth in his Motion that he has aa previous possession case from 2015 and that he 8 has been using ice since 2012, the Court does not find this information sufficient for it to make a 9 full determination on the Motion. The The Court Court isis to to consider consider "the "the nature nature and and circumstances circumstances of of the 10 10 offense" offense" and "the history and "the history and character of and character of the the offender."

offender." 99 G.C.A.

G.C.A. §§ 80.22.

80.22. See See also, also, People v.

11 11 Bosi, Boss, 2022 Guam 15 ,r 3636("The 15 1[ ("The statute statute clarifies clarifies that that aa finding finding of undue undue harshness harshness should derive 12 12 from an analysis of 'the nature nature and circumstances of the offense' and 'the 'the history history and and character character 13 of the offender.'").

offender."'). The TheCourt Courtfinds findsthese thesefactors factors are are best best determined determined after after a defendant has been 14 found guilty, either through a guilty plea (whether the facts facts forming the basis of the guilty plea 15 15 can be fully set set forth)

forth) or after after aa jury jury trial trial (where (where the the Court Court has has heard heard evidence evidence regarding regarding the the 16 16 charge(s)), charge(s)), and a pre-sentence investigation report ordered to provide detailed background and and 17 17 history of of the defendant.

18 18 sentencing court must be permitted A sentencing permitted to consider any and and all all information information that that 19 19 reasonably might bear on the proper sentence for a particular defendant, given the 20 20 crime committed. crime committed. [H]ighly [H]ighlyrelevant-if relevant-if not essential-to essential-to [the]

[the] selection selection of an an appropriate sentence is the possession of the fullest information appropriate sentence is the possession of the fullest information possible possible 21 concerning the defendant's concerning defendant's life and and characteristics.

characteristics. AA aNal trial court's court's discretion discretion in 22 sentencing is therefore largely unlimited either as unlimited either as to the kind of information he may consider, or the source source from from which which itit may may come.

come. Allowing Allowing consideration consideration of of such a 23 breadth of information ensures that the punishment will suit not merely the offense 24 24 but the individual defendant. 25 25 v. Castro, People v. ,r 62 (internal Castro, 2013 Guam 201162 (internal citations citations and quotation marks omitted) (alterations

26 26 in original). Accordingly, Accordingly,the theCourt Courtdeclines declines to to determine determine at at this this time time whether whether or or not a reduction 27 offense would be appropriate of offense for Defendant.

appropriate for Defendant. This This decision, decision, however, however, does does not not preclude preclude 28 Defendant from subsequently moving moving the the Court Court for for a reduction of offense upon conviction.

People v.v.Quifunas Quunas Case No.

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1 CONCLUSION

2 For the foregoing reasons, the Court reasons, the Courthereby herebyDENIES DENIES Defendant's Defendant's Motion Motion to Take Plea

3 and Apply Apply 9 GCA Section Section 67.401.4(d)

67.401.4(d) or 9 GCA Section Section 80.22.

80.22.

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IT IS SO ORDERED this let 1st day of May, 2025.

2025.

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8 HONORA1§T.E HONORABLE VERNON p. P. PEREZ Judge, Superior Court of Guam 9

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21 slnvlcl SIIIVICI!vIA VIAI-MAIL I-MAIL l1acknowledge acknow•edgt> that that an •" electrons;

elect,on1t Cony of t"e Cy~g»na' Cop,;, QHVW wax e mallet o••C•"it' .-1a~ mailed to 22 /II, Ct,t,, l,'/-u , "

23 23 | Date 1%/15 Time. ?'*6p -

24 few/ C81/¢w £2 * Deputy clerk,. Superior Oeput'y clerk Coin aV Supe11or Court of Guam Guam 25 25

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