People v. Santos

Opinion

. ' ''

FILE 2fJI4 liAR 2 I All 8: 14 2 IN THE SUPERIOR COURT OF Gl!UflK Cf' 2DURT J BY: ___ L~ 4 PEOPLE OF GUAM, ) ) CASE NO. CF0634-12 ' ) 6 v. ) DECISION AND ORDER 7 ) ) 8 RICKY LEE SANTOS, ) ) 9 Defendant. ) 10

II INTRODUCTION 12 This matter came before the Honorable Alberto C. Lamorena III on January lJ 14, 2014 on Defendant's "Motion to Allow Defendant to Plead Guilty to Possession of 14 a Schedule II Controlled Substance as a Third Degree Felony." Assistant Attorney 15 General James Collins represented the People of Guam. Defendant Ricky Lee 16 Santos was represented by Attorney F. Randall Cunliffe. Having considered the 17 arguments and the applicable law, this Court now issues its Decision and Order. 18 FACTUAL BACKGROUND 19 Defendant Ricky Lee Santos bas been charged with (1) Possession of a 20 Schedule II Controlled Substance with Intent to Deliver as a First Degree Felony; 21 (2) Possession of a Schedule II Controlled Substance as a Third Degree Felony; (3) 22 Theft of an Unclassified Motor Vehicle as a Misdemeanor; (4) Unauthorized Use of a

23 Motor Vehicle; and (5) Driving Without Registration as a Petty Misdemeanor). (See

24 Indictment). On December 10, 2013, Defendant filed his motion captioned, "Motion to 25 __J Allow Defendant to Plead Guilty to Possession of a Schedule II Controlled <(26 Substance as a Third Degree Felony." He cites 9 G.C.A. § 80.22 in asking the Court

- :Z27 to reduce the degree of his charge from Possession with Intent to Deliver, a First

- 0 :: 0 ., . -, ''

Decision and Order Case No. CF0634-12

Degree Felony, to simple possession, a Third Degree Felony. For the reasons set 2 forth below, the Court shall deny the motion. 3 DISCUSSION 4 Section 80.22 of Title 9 of the Guam Code Annotated provides: If, when a person has been convicted of an offense, the court, having ' regard to the nature and circumstances of the offense and to the 6 history and character of the offender, is of the view that it would be 7 unduly harsh to sentence the offender in accordance with the code, the court may enter judgment for a lesser included offense and impose 8 sentence accordingly. 9 The Court notes that Section 80.22 is intended for sentencing. Here, there 10 has been no finding of guilt by a finder of fact and no guilty plea. It is this Court's II finding that 80.22 is inapplicable here. At oral arguments, Defendant took the 12 position that if the Court were to agree to reduce the degree of the offense at 13 sentencing pursuant to 80.22, then he would plead guilty to the offenses charged. It 14 is this Court's view that this course of action is inappropriate. The Court shall not interfere with plea negotiations that are done solely at the discretion of the " Attorney 16 General. It is this Court's duty to accept or deny the plea agreement. 17 CONCLUSION !8 For the reasons set forth above, Defendant's motion is hereby DENIED. A 19 Criminal Trial Setting is set for April 29, 2014 at 2:00p.m.

22 It is SO ORDERED this 21st day of Marc , 2014.

HONORABLE ORENA,III of Guam

28 I