People v. Ruben

Opinion

gr a FILED

QLERK CLERK0z=

OF COUPE?

COURT .

1 1 202~AUG ml, AUG 13 PM 2: 5StI

13 PH

2 SUPERIOR SUPERIORCGU;:3.;~

COUJ3J:-1

3 OF GUAM 'l(1V oF GU/XM W·

4 IN THE SUPERIOR COURT

COURT OF

OF GUAM

GUAM

5

OF GUAM,

THE PEOPLE OF GUAM, 6

7 Case No. CF0535-23

CF0535-23

vs. GPD GPD Report

ReportNos:

Nos:22-17268/22-28664

22-17268/22-28664/23-

8 19027 19027

ALFRED ACE RUBEN 9 (aka Ruben RubenMartin),

Marin),

DECISION DECISION AND ORDER

DOB: 11/20/2002 DOB: 11/20/2002 10 10 Motion Motion to

to Dismiss for

for Violation of Speedy

Trial Right

11 11 Defendant.

12 12

13 13 INTRODUCTION

14 14 This matter came before matter came before the

the Honorable

HonorableAlberto

Alberto E.

E. Tolentino

Tolentino on

on May 2,

2, 2024,

2024, on

on

15 15 Defendant Ruben'sMotion Defendant Ruben's Motion to to Dismiss

Dismissfor

for Violation

Violation of

of Speedy Trial Right.

Speedy Trial Right. Attorney Attorney Isa B.

16 16 Baba, Esq. appeared Baza, Esq. appeared for for Defendant

Defendant Ruben

Ruben and

and Assistant

AssistantAttorney

Attorney General

General Kristine

Kristine B.

B. Borja

Borja

17 17 represented the People. For the represented the the reasons set forth reasons set forth below,

below, the

the Court

Court GRANTS

GRANTS Defendant's

Defendant's

18 18 Motion.

19 19

20 BACKGROUND 21 On August 12,

12, 2023,

2023, a Magistrate Complaint was filed filed against

against the

the Defendant

Defendant charging

charging

22

him with 1)

I) Criminal

Criminal Mischief (As

(As aa 3rd Felony) 2 Counts, 3rd Degree Felony) Counts; and 2)

2) Unauthorized

Unauthorized Use

Use of

of

23

24 a Motor Motor Vehicle Vehicle (As

(Asa aMisdemeanor).

Misdemeanor). Defendant

Defendant was

was committed

committed to

to the

the Department

Department of

25 Corrections pending the Corrections pending the posting posting of $3,000.00 cash bail.

$3,000.00 cash bail. The

The Alternate Public Defender Defender was

was

26 appointed to represent appointed to represent the the Defendant.

Defendant.OnOn August

August 18,18, 2023, the Superior 2023, the Court of Guam Superior Court Guam

27 People People v.

v. Ruben

Ruben Motion

Motion to Dismiss for

for Violation

Violation of Speedy

Speedy Trial Right

Case No. CF0535-23

CF0535-23

Page11 of

of 4

1 Territorial Grand Grand Jury returnedan

Jury returned anIndictment Indictmentcharging

chargingDefendant

Defendantwith

with1)

1) Criminal

Criminal Mischief

Mischief

2 2 2nd Degree (As aa 2nd (As Degree Felony)

Felony) 2 Counts,

Counts; and

and 2) Unauthorized Useof Unauthorized Use of aa Motor Motor Vehicle

Vehicle (As

(As aa

3 .

Misdemeanor).. Mlsdemeanor)

4

5 August 22, On August 22, 2023,

2023, Defendant

Defendant was

was arraigned and filed an arraigned and an Assertion Assertion of

ofStatutory

Statutory

6 6 Speedy Trial Rights and and Request

Request for

for Jury

Juryof

of Twelve.

Twelve. At

Athe

thetime

timeofofthe

thearraignment

arraignment Defendant

Defendant

7 was was still confined and trial tal ononthe

thematter

matterwas

wasset

setfor

forOctober

October4,4,2023,

2023,atat9:00

9:00a.m.

a.m. See

See Crum.

Crim.

8 8 Trial Scheduling Scheduling Order

Order (Aug. 24,

24, 2023).

2023). At

AtaaFurther

Further Proceeding

Proceeding on

on September

September 19,

19, 2023,

2023,

9 . ..

Defendant was released from the the Department

Department of Corrections. See of Correctlons. See Order Order of

of Conditional Release

Condltlonal Release

10 19, 2023). At

(Sep. 19, At the the Pre-Trial

Pre-Trial Conference

Conference ofofSeptember

September26,

26, 2023,

2023, and

and at

at the

the request

request of the

the

11 11 parties, the comt parties, the could vacated vacatedthe

thetrial

trial date

date of

of October

October 4, 2023.

2023. The court

court was

was informed

informed that

that

12 12 13 negotiations were underway, underway, and that

that Defendant

Defendant was

was waiving speedy

speedy trial

trial and

and had

had executed a

13 14 14 See Waiver

written waiver. See Waiver (Oct. 4, 4, 2023).

15 On January 3, 2024,

January 3, 2024, counsel

counsel was appointed

appointed to represent

represent Defendant

Defendant and

and aa further

further

16 16 proceeding was scheduled scheduled for

for January 23, 2024.

January 23, 2024. This hearing hearing was continued to

to March 19, 2024,

2024,

17 17 at 10:30 10:30 a.m., however, Defendant a.m.; however, Defendantfiled filed aa written Assertion of written Assertion of Speedy Speedy Trial Rights.

Rights. See

See

18 18 19 Assertion (Feb.

Assertion (Feb. 15, 15, 2024).

2024). On February 21, 2024, February 21, 2024, the

the Defendant

Defendantmade

madeaa Motion

Motion to

to Sever

Sever

19 20 20 Charges which which was

was heard

heard and taken

taken under

underadvisement

advisementon

onMarch

March 21,

21, 2024.

2024.AA further proceeding

21 scheduled as was scheduled as aa control control date

date for

for April 26,

26, 2024,

2024, at 2:00 p.m.

p.m. On April 8,

8, 2024,

2024, the

the court

court

22 issued its Decision issued its Decision and and Order

OrderGranting

Grantingthe

theMotion

Motionto

to Sever

Sever Charges.

Charges.See

SeeD&O

D&O (Apr. 8,

8, 2024).

23 23 At At the the further further proceedings

proceedings of

ofApril

April26,

26,2024,

2024, the

the court

court was

was informed

informed that

that aa resolution

resolution was in

in the

24 works.. works 25

26

27 People People v.

v. Ruben

Ruben Motion

Motion to Dismiss for

for Violation of Speedy Trial Right Case No. CF0535-23

CF0535-23

1 On May 2, 2, 2024, the instant

2024, the instantMotion

MotiontotoDismiss

Dismissfor

forViolation

Violation of

of Speedy

Speedy Trial Right

Right was

was

2 2 filed.

filed. See See Mot. Dismiss

Dismiss (May 2,

2, 2024).

2024). The People's

People's Opposition to be filed Opposition was to tiled on May 16, 16,

3 . .

2024, and 2024, and the the Defendant's

Defendant's Reply brief, if Reply brief, If any, was due any, was due on

on May

May 23, 2024. See

23, 2024. See Notice

Notice (May

(May 2,

4 2024). The People did did not

not file

file an

an Opposition

Opposition to the

the Motion,

Motion; however,

however, on

on May

May 23,

23, 2024,

2024,

5 See Reply

Defendant filed his Reply. See Reply (May (May23,

23,2024).

2024). Additionally,

Additionally,the

thecourt

court observes

observes that

that no

6 7 trial scheduling scheduling order had been issued issued after

after Defendant's assertion assertion of speedy

speedy trial

trial on

on February

February

7

8 15, 2024. 15,

9 DISCUSSION DISCUSSION

10 Guam law states:

states:

11 11 (a)Except asas otherwise

otherwise provided in Subsection Subsection (b), the

the court shall dismiss court shall dismiss aa

12 12 criminal if: ... (2) The criminal action if: Thetrial trial of

ofaadefendant,

defendant, who

who is

is in

in custody

custody at the

the time

time of

his his arraignment,

arraignment, has hasnotnot commenced commencedwithin withinforty-five forty-live (45)

(45) days

days after

after his

his

13 13 arraignment;

arraignment; oror (3)

(3) The trial of

ofaa defendant,

defendant, who is not in in custody custody at the time

at the time of

his arraignment,

arraignment, has

hasnotnotcommenced

commencedwithinwithin sixty sixty (60) days

days after

after his

his arraignment.

arraignment.

14 14 (b)A (b)Acriminal

criminal action

action shall be dismissed shall not be dismissedpursuant pursuant to toSubsection

Subsection (a)(a)

if: if:...

... (3)

(3)

15 15 Good Good cause

cause is shown for the

the failure

failure to

to commence

commence the

the trial

trial within

within the

the prescribed

prescribed

16 16 period.

17 17 8 GCA 8 80.60(a)(2)(3) and GCA §§ 80.60(a)(2)(3) and (b)(3)

(b)(3)(2005).

(2005). Pursuant

Pursuant to

to 88 GCA

GCA§§80.60,

80.60, "if

"ifaadefendant

defendant is

is not

not

18 18 brought brought to trial within the to trial the time

time prescribed

prescribed and no good

good cause

cause is

is shown,

shown, the

the trial

trial court

court must

must

19 dismiss the indictment."

indictment." People v. Flores, 2009 People v. 2009 Guam Guam 22 ,i 23,

22 11 23; Ungava

Ungacta v.

v. Superior

Superior Court,

Court,

20 2013 Guam 29 119. 20 21 It It is

is undisputed that Defendant undisputed that Defendant was was in custody

custody at the

the time of

ofhis

his arraignment.

arraignment. Thus, his

22

23 speedy trial clock speedy trial clock began began with

with forty-five

forty-five days

days on

on it.

it. 88 GCA

GCA§§80.60(a)(2).

80.60(a)(2).Defendant

Defendantasserted

asserted his

his

•

24 right right to aa speedy speedy trial

trial on

on August

August 22,

22, 2023.

2023. Defendant waived his Defendant waived his speedy speedy trial

trial rights

rights on

on

25 September 26, 2023.

September 26, 2023.The The court

court calculates

calculatesthat

thataatotal

totalof

of thirty-five (35)

(35) days

days elapsed

elapsed and

and ten

ten

26

27 People People v.

v. Ruben

Ruben Motion

Motion to Dismiss for Violation of Speedy Trial Right Dismiss for Case No. CF0535-23

CF0535-23

1 (10) days days remained

remained on

on the

the speedy

speedy trial clock. 1 Defendant trial c1ock.l Defendant re-asserted his speedy re-asserted his speedy trial trial right on

2 February 15, 2024;

2024, consequently,

consequently, he

he had

hadto

to have

have been

been brought

broughtto

to trial

trial on or before February 25, 3 2024. 2024. However, Defendant then filed aa Motion Motion to

to Sever

SeverCharges

Charges on

onFebruary

February 21,

21, 2024,

2024, which

4 was ultimately granted by ultimately granted by the the court

court on April 8,

8, 2024.

2024. The

The period

period between

between February

February 15

15 and

and

5 February 21 is February 21 is six (6) days.

days. Trial

Trial must

must have commenced on or before April April 12,

12, 2024.

2024. Thus,

Thus, the

6 speedy trial speedy trial clock had had already run by

already run by the

the time the parties

parties and the court

and the met on

court met on the

the April

April 26,

26,

7

8 2024, further proceedings. 2024, further proceedings. Whether Whetheror

or not

not the

the activity after April

April 12,

12, 2024,

2024, constituted

constituted good

9 cause is irrelevant irrelevant because

because time had

had already run.

run.

10 CONCLUSION

11 12 12 In light of the foregoing, the Court hereby herebyGRANTS

GRANTS Defendant

Defendant Ruben's Motion to

13 13 Dismiss for Violation of Speedy Trial Right.

14 14 IT IS

IS SO

SO ORDERED this - - - - -AUG ORDERED this 1 3 2021* --------~-~-

15 15

C

16 16

17 17 r· ~ _.,,,,.· . a 18 18 . ·~ >--// ,,;f> / _ _ __/=-~·. ,,.,-✓/

HONORABLE ALBERTOE.

AiBERT6 E. TOLENTINO

TOLENTINO

19 19 Judge, Superior

Superior Court

Court of

of Guam

20

21

22 11 (a)

(a) Computing Computing Time. The following rules apply in computing computing anyany time time period

period specified

specified in

in these rules, in any local 23 rule or court order, or in any statute that that does

does notnot specify a method of of computing computing time.

time. (1)

1) Period States in Days or Longer Unit. When a Longer When theperiod the periodisisstated

stated in

in days

days or

or aa longer unit of

longer unit of time:

time: (A)

(A) exclude

exclude the

the day ofof the

the event

event that

24 period, (B) count every day, including intermediate Saturdays, Sundays, and legal holidays;

triggers the period; holidays, and (C) include the last day of of the period, but ifitit is is aa Saturday, a Sunday, a legal holiday, or, when the act to be done is is the filing of of a paper in court, a day on on which

which weather

weather or other conditions have made the office of of the clerk of of the

25 Superior Superior Court Court inaccessible, the period continues to runs until the end of the next day which is not one of of the aforementioned days. Guam R.Civ.Pro. 6(a).

26

27 People People v.

v. Ruben

Ruben Motion

Motion to Dismiss for Violation of Speedy Trial Right Dismiss for Case No. CF0535-23

CF0535-23