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5 IN THE SUPERIOR COURT COURT OF OF GUAM GUAM 6 ) CRIMINAL CRIMINAL CASE CASE no. NO.CF0522-18 CF0522-18 7 PEOPLE OF GUAM, GUAM, )) GPD GPD Report Report No. No. 17-02947 17-02947 )) 8 vs. vs. ) ) 9 ) DECISION & ORDER )) RE. DEFENDANT'S MOTION TO 10 10 NICOLAS REYES, JAMES SAN NICOLAS DISMISS WITH PREJUDICE DOB: DOB:11/01/1972 11/01/1972 )) 11 )) )) 12 12 Defendant. )) ________ _ _ _)w 13 13
14 14 This matter came before the Honorable Alberto E. Tolentino Tolentino on on October October 31, 2024, for a 15 15 Further Proceedings. Defendant Further Proceedings. DefendantJames JamesSan SanNicolas NicolasReyes Reyes ("Defendant") ("Defendant") was was present present with with 16 counsel Public Defender Defender Stephen Stephen Hattori. Assistant Attorney General Aaron Boyce was present 17 17
18 18 the People for the ofGuam People of Guam ("People"). ("People").Following Followingthe thehearing, hearing,the thecourt courttook tookthe thematter matter under under
19 advisement pursuantotoSupreme advisement pursuant SupremeCourt CourtofofGuam GuamAdministrative AdministrativeRule Rule06-001, 06-001,CVR CVR7.l(e)(6)(A) 7.1(e)(6)(A)
20 20 and CR1 CRl.1.1of ofthe theLocal LocalRules Rules of ofthe the Superior Superior Court Court of of Guam. Guam. Having Having duly duly considered considered the parties parties' 21 briefs, oral arguments, arguments, and the applicable law, the court now issues this Decision and and Order Order 22 DENYING DENYINGthe theDefendant's Defendant'sMotion Motionto toDismiss Dismiss with with Prejudice. Prejudice. 23
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Decision Decision & & Order Order Re. Re. Defendant's Defendant's Motion Motion to to Dismiss Dismiss with with Prejudice People v. Reyes, CF0522-18 Page 1 1 of of5 BACKGROUND 1
2 On February 17, 2017, February 17, 2017,Defendant DefendantReyes Reyeswas was indicted indictedin in CF0047-17 CF0047-17for forPOSSESSION POSSESSION
3 OF A SCHEDULE SCHEDULE IIII CONTROLLED CONTROLLEDSUBSTANCE SUBSTANCE(As(As a 3rd a 3rdDegree DegreeFelony) Felony)based basedon on events events 4 . . that occurred on or about January January 31, 31, 2017. 2017. See See Indictment (Feb. 17, 2017). It is noteworthy that IndIctment (Feb. that 5 the the Defendant was charged Defendant was charged for for this this offense offense while while released released on on parole parole in in CF0016-94. CF0016-94. See See 6 7 Informational Informational Report (June 21, 2019). (June 21, 2019). Because Because of of this, the Department of Corrections Parole Department of 7
8 Services Division ("DOC") ("DOC")revoked revokedthe theDefendant's Defendant's parole parole on on March 8, 2017. 2017.Id Id However, on
9 9 July 26, July 26, 2018, the Honorable 2018, the Honorable Anita Anita A. Sukola Sukola issued issued aa Decision Decision and and Order Order granting granting the the 10 10 Defendant's Defendant's Motion Motionto toDismiss DismissCF0047-17. CF0047-17. In In rendering rendering this this Decision, Decision, she she found found that the the People People II 11 arraign the failed to arraign the Defendant Defendant within within sixty sixty days after the the Magistrate's Magistrate's Complaint Complaint was filed, 12 12
13 13 without without good cause, cause; which which therefore, therefore, warranted warranted the case's case's dismissal dismissal without without prejudice. prejudice. See
14 14 Decision Decision & Order Order (July (July 26, 2018). 2018). 15 15 On On August 28, 28, 2018, 2018, Defendant Reyes was was indicted indicted in in this this current current matter for the the same same 16 16 charge based on the the same same events events in in CF0047-17. CF0047-17.See See Indictment Indictment (Aug. (Aug. 28, 2018). On On September September 17 17 9, 2024, 2024,the theDefendant Defendantfiled filedaaMotion Motionto toDismiss Dismisswith withPrejudice Prejudice("Motion") ("Motion") in inthis this case, case, arguing arguing 18 18
19 19 that "he was that "he brought before never brought was never before aa magistrate magistrate pursuant to 88 GCA pursuant to GCA §§45. 10, nor 45 .10, nor was was he he provided provided
20 a Notice to a Notice to Appear Appear under under 88 GCA GCA §§ 25.10."1 25. 1 Def.'s Def. 's Mot. Dismiss (Sept. Mot. Dismiss 9, 2024). (Sept. 9, 2024). 21
22 DISCUSSION 23 23
Under 8 Under GCA §§ 45. 8 GCA l0(c), "[t]he 45.lO(c), "[t]heperson personarrested arrestedshall shallin allcases inall be taken cases be before the taken before judge the judge 24 24
25 25 within forty-eight forty-eight (48) (48)hours hours after after the the arrest, arrest, except that when the the forty-eight forty-eight (48) hours hours expires,
28 28 It is 11 It is noteworthy noteworthy that that 88 GCA GCA §§25.10 25 .10 is is the the statute statute regarding a person's regarding a without appearance release without person's release before a appearance before judge. a judge. 88 GCA GCA §§ §§25.20 25.20through through 25.50 25.50 govern govern thethe criminal criminal procedures on Notices procedures on Notices to to Appear. Appear.
Decision & Order Decision & Order Re. Re. Defendant's Defendant's Motion Motion to to Dismiss Dismiss with with Prejudice People People v. v. Reyes, Reyes, CF0522-18 Page Page 2 of of5 it is the burden of the government government to demonstrate that a bona fide fide emergency emergency or or an extraordinary 1
22 circumstance existed."
3 In In its its interpretation of 88 GCA interpretation of GCA §§ 45.10, the Guam 45 .10, the Guam Supreme Supreme Court Court found found that that this this statute statute 4 4 applies to those those defendants defendants "not "not previously previously in custody." People People v.v. Bryan, Bryan,2019 2019 Guam ,r 11. Guam8811 11. 5 Those defendants defendantshave have"the "the right right to a prompt probable cause determination and cause determination and the the right right to be 6 6 7 promptly brought before a judge judge for for aa first first appearance is, within 48 hours of appearance - that is, of arrest." arrest." Id. 7
8 (citing Gernstein v. Pugh, Pugh, 420 U.S. U.S. at at 123 123 & & n.24, 126, 126; People v. Tedtaotao, Tedtaotao, 2014 Guam Guam 33 ,r,r 33 'W 9 14-15, 14-15; see also Cty. see also Cry. of ofRiverside Riversidev.v.McLaughlin, McLaughlin, 500 U.S. U.S. 44, 44, 56-57 56-57 (1991)). (l991)). In In order order for for there there to
10 have been have been aa violation under 88 GCA violation under GCA §§ 45.10, 45.10, Defendant Defendant Reyes Reyes had had to to have have been been arrested arrested in in 11 1
CF0522-18. 12
13 13 The Defendant argues that after his arrest arrest on January 31, 2017, January 31, 2017, he was never brought brought
14 14 before a magistrate within forty-eight hours for this instant case. case. See See Def. Def.'s Mot. Dismiss Dismiss (Sept. 15 15 9, 2024). The The People People contest that that any any violation violation of of the the Guam Guam Rules Rules of of Criminal Criminal Procedure Procedure occurred, 16 16 because he was released within within forty-eight forty-eight hours hours of of his arrest back in 2017. 2017. See See Ppl. Ppl.'s 's Opp'n at at 1 17 17 (Sept. 2024). Both (Sept. 23, 2024). Both parties parties based their arguments arrest record arguments on the arrest record for CF0047-17 rather 18 18
19 19 than an arrest for CF0522-18.
20 As mentioned earlier, earlier, the Honorable Anita A.
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5 IN THE SUPERIOR COURT COURT OF OF GUAM GUAM 6 ) CRIMINAL CRIMINAL CASE CASE no. NO.CF0522-18 CF0522-18 7 PEOPLE OF GUAM, GUAM, )) GPD GPD Report Report No. No. 17-02947 17-02947 )) 8 vs. vs. ) ) 9 ) DECISION & ORDER )) RE. DEFENDANT'S MOTION TO 10 10 NICOLAS REYES, JAMES SAN NICOLAS DISMISS WITH PREJUDICE DOB: DOB:11/01/1972 11/01/1972 )) 11 )) )) 12 12 Defendant. )) ________ _ _ _)w 13 13
14 14 This matter came before the Honorable Alberto E. Tolentino Tolentino on on October October 31, 2024, for a 15 15 Further Proceedings. Defendant Further Proceedings. DefendantJames JamesSan SanNicolas NicolasReyes Reyes ("Defendant") ("Defendant") was was present present with with 16 counsel Public Defender Defender Stephen Stephen Hattori. Assistant Attorney General Aaron Boyce was present 17 17
18 18 the People for the ofGuam People of Guam ("People"). ("People").Following Followingthe thehearing, hearing,the thecourt courttook tookthe thematter matter under under
19 advisement pursuantotoSupreme advisement pursuant SupremeCourt CourtofofGuam GuamAdministrative AdministrativeRule Rule06-001, 06-001,CVR CVR7.l(e)(6)(A) 7.1(e)(6)(A)
20 20 and CR1 CRl.1.1of ofthe theLocal LocalRules Rules of ofthe the Superior Superior Court Court of of Guam. Guam. Having Having duly duly considered considered the parties parties' 21 briefs, oral arguments, arguments, and the applicable law, the court now issues this Decision and and Order Order 22 DENYING DENYINGthe theDefendant's Defendant'sMotion Motionto toDismiss Dismiss with with Prejudice. Prejudice. 23
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Decision Decision & & Order Order Re. Re. Defendant's Defendant's Motion Motion to to Dismiss Dismiss with with Prejudice People v. Reyes, CF0522-18 Page 1 1 of of5 BACKGROUND 1
2 On February 17, 2017, February 17, 2017,Defendant DefendantReyes Reyeswas was indicted indictedin in CF0047-17 CF0047-17for forPOSSESSION POSSESSION
3 OF A SCHEDULE SCHEDULE IIII CONTROLLED CONTROLLEDSUBSTANCE SUBSTANCE(As(As a 3rd a 3rdDegree DegreeFelony) Felony)based basedon on events events 4 . . that occurred on or about January January 31, 31, 2017. 2017. See See Indictment (Feb. 17, 2017). It is noteworthy that IndIctment (Feb. that 5 the the Defendant was charged Defendant was charged for for this this offense offense while while released released on on parole parole in in CF0016-94. CF0016-94. See See 6 7 Informational Informational Report (June 21, 2019). (June 21, 2019). Because Because of of this, the Department of Corrections Parole Department of 7
8 Services Division ("DOC") ("DOC")revoked revokedthe theDefendant's Defendant's parole parole on on March 8, 2017. 2017.Id Id However, on
9 9 July 26, July 26, 2018, the Honorable 2018, the Honorable Anita Anita A. Sukola Sukola issued issued aa Decision Decision and and Order Order granting granting the the 10 10 Defendant's Defendant's Motion Motionto toDismiss DismissCF0047-17. CF0047-17. In In rendering rendering this this Decision, Decision, she she found found that the the People People II 11 arraign the failed to arraign the Defendant Defendant within within sixty sixty days after the the Magistrate's Magistrate's Complaint Complaint was filed, 12 12
13 13 without without good cause, cause; which which therefore, therefore, warranted warranted the case's case's dismissal dismissal without without prejudice. prejudice. See
14 14 Decision Decision & Order Order (July (July 26, 2018). 2018). 15 15 On On August 28, 28, 2018, 2018, Defendant Reyes was was indicted indicted in in this this current current matter for the the same same 16 16 charge based on the the same same events events in in CF0047-17. CF0047-17.See See Indictment Indictment (Aug. (Aug. 28, 2018). On On September September 17 17 9, 2024, 2024,the theDefendant Defendantfiled filedaaMotion Motionto toDismiss Dismisswith withPrejudice Prejudice("Motion") ("Motion") in inthis this case, case, arguing arguing 18 18
19 19 that "he was that "he brought before never brought was never before aa magistrate magistrate pursuant to 88 GCA pursuant to GCA §§45. 10, nor 45 .10, nor was was he he provided provided
20 a Notice to a Notice to Appear Appear under under 88 GCA GCA §§ 25.10."1 25. 1 Def.'s Def. 's Mot. Dismiss (Sept. Mot. Dismiss 9, 2024). (Sept. 9, 2024). 21
22 DISCUSSION 23 23
Under 8 Under GCA §§ 45. 8 GCA l0(c), "[t]he 45.lO(c), "[t]heperson personarrested arrestedshall shallin allcases inall be taken cases be before the taken before judge the judge 24 24
25 25 within forty-eight forty-eight (48) (48)hours hours after after the the arrest, arrest, except that when the the forty-eight forty-eight (48) hours hours expires,
28 28 It is 11 It is noteworthy noteworthy that that 88 GCA GCA §§25.10 25 .10 is is the the statute statute regarding a person's regarding a without appearance release without person's release before a appearance before judge. a judge. 88 GCA GCA §§ §§25.20 25.20through through 25.50 25.50 govern govern thethe criminal criminal procedures on Notices procedures on Notices to to Appear. Appear.
Decision & Order Decision & Order Re. Re. Defendant's Defendant's Motion Motion to to Dismiss Dismiss with with Prejudice People People v. v. Reyes, Reyes, CF0522-18 Page Page 2 of of5 it is the burden of the government government to demonstrate that a bona fide fide emergency emergency or or an extraordinary 1
22 circumstance existed."
3 In In its its interpretation of 88 GCA interpretation of GCA §§ 45.10, the Guam 45 .10, the Guam Supreme Supreme Court Court found found that that this this statute statute 4 4 applies to those those defendants defendants "not "not previously previously in custody." People People v.v. Bryan, Bryan,2019 2019 Guam ,r 11. Guam8811 11. 5 Those defendants defendantshave have"the "the right right to a prompt probable cause determination and cause determination and the the right right to be 6 6 7 promptly brought before a judge judge for for aa first first appearance is, within 48 hours of appearance - that is, of arrest." arrest." Id. 7
8 (citing Gernstein v. Pugh, Pugh, 420 U.S. U.S. at at 123 123 & & n.24, 126, 126; People v. Tedtaotao, Tedtaotao, 2014 Guam Guam 33 ,r,r 33 'W 9 14-15, 14-15; see also Cty. see also Cry. of ofRiverside Riversidev.v.McLaughlin, McLaughlin, 500 U.S. U.S. 44, 44, 56-57 56-57 (1991)). (l991)). In In order order for for there there to
10 have been have been aa violation under 88 GCA violation under GCA §§ 45.10, 45.10, Defendant Defendant Reyes Reyes had had to to have have been been arrested arrested in in 11 1
CF0522-18. 12
13 13 The Defendant argues that after his arrest arrest on January 31, 2017, January 31, 2017, he was never brought brought
14 14 before a magistrate within forty-eight hours for this instant case. case. See See Def. Def.'s Mot. Dismiss Dismiss (Sept. 15 15 9, 2024). The The People People contest that that any any violation violation of of the the Guam Guam Rules Rules of of Criminal Criminal Procedure Procedure occurred, 16 16 because he was released within within forty-eight forty-eight hours hours of of his arrest back in 2017. 2017. See See Ppl. Ppl.'s 's Opp'n at at 1 17 17 (Sept. 2024). Both (Sept. 23, 2024). Both parties parties based their arguments arrest record arguments on the arrest record for CF0047-17 rather 18 18
19 19 than an arrest for CF0522-18.
20 As mentioned earlier, earlier, the Honorable Anita A. Sukola Sukola dismissed the 2017 2017 case case without 21 prejudice due to the People's People's failure failure to promptly arraign the the Defendant. However, the Defendant 22 22 was brought before a magistrate judge judge within forty-eight forty-eight hours hours of of his arrest for CF0047-17, which which 23
24 are the grounds for the Defendant's Motion are Motion in in this this matter. matter. Although Although neither neither party party provides a 24
25 specific date for release, the the court's records indicate that the Defendant was released and brought
26 26 before a magistrate judge judge on on February February 1,1, 2017, 201 7, after after his his arrest arrest on on January January 31, 201 7. 2 31, 2017.2 27 27
28 28 22 In CF0047-17, Magistrate Judge Alberto E. Tolentino released the Defendant on conditions outlined in the case's In CF0047-17, Magistrate Judge Alberto E. Tolentino released the Defendant on conditions outlined in the case's Order of of Conditional Release and Appearance Bond filed on February 1, 2017.
Decision Decision &&Order Order Re. Re. Defendant's Motion to Defendant's Motion to Dismiss Dismiss with with Prejudice People People v. Reyes, Reyes,CF0522-18 CF0522-l8 Page Page 3 of of5 The fact that the Defendant was not brought before a magistrate judge judge in this case within l 22 forty-eight hours of arrest is is irrelevant, irrelevant, because because Defendant Defendant Reyes Reyes was was already already in in DOC's DOC's custody
3 for another matter. matter. The The Guam Supreme Court found that "a "a criminal criminal defendant defendant already in custody 4 4 for a different crime does not not have have aa constitutional constitutional or or statutory right to a prompt judicial judicial hearing 5 because there is because there is no new new 'arrest' 'arrest' to to trigger trigger those those rights." rights." Bryan, 2019 Guam ~ 11 Guam 88 1] 11 (citing (citing 6
7 Tedtaotao, 2014 Guam 33 ~1114). Tedtaotao, PursuanttotoProbation's 14). Pursuant Probation's Informational Informational Report, Report, the the Defendant Defendant was
8 already serving a life sentence in CF0016-94 already serving CF00 16-94 after DOC revoked his parole parole in in that that case. case. See
99 Informational Informational Report Report at at 11 (June 21, 2019). 2019). Because Because the Defendant was already in DOC custody at 10 10 the time the the People indicted him in in this case, case, 88 GCA GCA §§ 45.10 45 .10 does does not not apply apply in in this this case. case. Seeing 11 11 that no no violation violation of 8 GCA GCA §45.10 § 45 .10took tookplace, place,the the court court denies the the Defendant's Defendant's Motion Motion to Dismiss 12 12 13 13 with Prejudice.
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Decision Decision & & Order Order Re. Defendant's Defendant's Motion Motion to to Dismiss Dismiss with with Prejudice People v. Reyes, CF0522-18 CF0522-18 Page 4 of 55 CONCLUSION I
For the the reasons reasons set forth above, the the court court hereby hereby DENIES the the Defendant's Defendant's Motion to 2
3 Dismiss with Prejudice.
5 A Further Further Proceedings Proceedings is is scheduled scheduled before this this court on March 26, 2025, 2025, at at 10:30AM. 10:30AM.
SO ORDERED ORDEREDthis this - - JAN 27 MN 2 72025 2025 8 -------- 9
10 10 ... · ~-· ~ · ; ~ 11 i ~,,~~-?-:.....'~-,- ..,,,.__- ,.__ ~--------~
12 12 HONORABLE HONORABLE ALBERTO E. TOLENTINOTOLENTINO 13 Judge, Superior Court of Guam Judge, 14 14
17 17
18 18
19 19 SIRWCI Sl!ltVICI!vIA VIAu4\nAII. I-MAIL \ 1 acknowledge acknowiedge Khan an elect,on1t eledvoml 20 20 Cool Cou-, o*!he that an of the Eng-nav orig, na1 was was e mailed malled Ko to
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Decision Decision &&Order Order Re. Re. Defendant's Defendant's Motion Motion to to Dismiss Dismiss with with Prejudice People People v. v. Reyes, CF0522-18 Page Page 5 of of55