People v. Susuico

Opinion

F§

1 CLERK GF

2 2025 APR zaps 23 AM 9: 55

APR23

3 3SUPEmOH

u E m @ § C'0URT

rsltv

4 G F ufs54/L OFGUAM~

5

6 IN THE SUPERIOR COURT COURT OF

OF GUAM

GUAM

7

8 PEOPLE OF OF GUAM,

GUAM,

CRIMINAL CRIMINAL CASE no.

NO.CF0492-22

CF0492-22

9 vs.

10 DECISION DECISION AND ORDER

11 FREDDY CUEVAS SUSUICO, 12 Defendant. Defendant.

13 1

14 INTRODUCTION

15 15 This matter is before

before the

the Honorable

Honorable Vemon

Vernon P.

P. Perez

Perez on

on Defendant

Defendant Freddy

Freddy Cuevas

Cuevas

16 16 Susuico's Susuico's ("Defendant")

("Defendant") Motion to Dismiss, filed November 7, 2024.

2024. Defendant

Defendant is

is represented

represented

17 17 by Heather Martinez Martinez Quitugua.

Quitugua. The

The People

People of

of Guam

Guam ("the

("the Government")

Government") are

are represented

represented by

18 18 Assistant Attorney General Grant Olan.

Olan. Having

Having reviewed

reviewed the

the pleadings,

pleadings, the arguments presented, 19 19 and the record, record, the

the Court

Court now

now issues

issues the

the following

following Decision and Order.

20 20 BACKGROUND

21 On August 4, 2022, Defendant was was indicted with the following charges:

charges: (1) Theft of a

22 22 Motor Motor Vehicle (As a Second Degree Felony) - 13 13 Counts,

Counts; (2) Theft of Property Property (As a Second

23 23 Degree Felony) - 88 Counts, Counts; (3)

(3) Theft by Receiving

Receiving (As

(As aa Second

Second Degree Felony),

Felony); (4) Burglary

24 (As a Second Degree Felony) - 22 Counts, Counts; (5)

(5) Possession of

of aa Schedule

Schedule II

II Controlled

Controlled Substance

25 (As a Third Degree Felony); (6) Assault Against a Peace Officer (As a Third Degree Felony);

Felony), and

26 26 (7) (As a Misdemeanor)

Misdemeanor)-- 22 Counts.

Counts. (Indictment, Aug. 4,4, 2022).

2022). Over

(7) Criminal Mischief (As (Indictment, Aug. Over two 27 27 years years later, later, on October

October 29, 2024,

2024, aa grand

grand jury

juryreturned

returned aaSuperseding

Superseding Indictment

Indictment against

against

28

People v. Susuico Case No. CF0492-22 Case No. Decision Decision and and Order

Page 1 off

ofS

1 Defendant, charging charging him

him with

with(1)

(1) Theft

Theftby

byReceiving

Receiving(as

(asaaSecond

SecondDegree

DegreeFelony) ...- 13 Counts;

Felony)- Counts,

2 (2) Theft by Receiving (As a Second Second Degree

Degree Felony)

Felony) .-- 88 Counts;

Counts; (3) Burglary (As a Second 3 Degree Felony) - 22 Counts, Counts; (4)

(4) Possession

Possession of

of aa Schedule

Schedule II

II Controlled

Controlled Substance

Substance (As a Third

4 Degree Felony), Degree Felony); (5)

(5) Assault

Assault Against

Against aa Peace Officer

Officer (As a Third

Third Degree

Degree Felony);

Felony), and (6) Criminal Criminal

5 Mischief Mischief (As a Misdemeanor) - 2 Counts. (Superseding (Superseding Indictment,

Indictment, Oct.

Oct. 29,

29, 2024).

6 November 7, On November 7, 2024, Defendant filed the instant Motion. On instant Motion. On January January 10,

10, 2025,

2025, the

7 Government filed its Opposition.

Government Opposition. On On February

February 17,

17, 2025, Defendant

Defendant filed

filed his

his Reply.

Reply. The Court

8 subsequently placed the matter under advisement without further argument.

argument. See

See CR

CR 1.1

1.1 Form 3,

9 Feb. 17, 2025.

Feb. 17, 2025. .

10 10 DISCUSSION

11 11 Defendant Defendant moves

moves to

to dismiss

dismiss Charge

Charge One

One -.- Counts One, Two, and Four and Charge Two 12 12 -- Counts Counts One, One, Two,

Two, Three,

Three, Four,

Four, and

and Five

Five of

of the

the Superseding

Superseding Indictment

Indictment because the charges 13 13 were filed after after the statute

statute of limitations. See generally, generally, Mot. Dismiss, Nov. 7, 7, 2024.

2024. The

14 14 Government Government opposes, opposes, arguing that "[b]ecause theft constitutes a single offense no matter how it 15 15 ged under is cha rged T it le 99 Chapter under Title ha pt er 43 43 .. . . .t he

thesuper seding indict

superseding ment does indictment does not

not br oa den or

broaden or

16 16 substantially amend amend the charges in the

the original

original indictment."

indictment." (Opp'n

(Opp'natat2,

2, Jan.

Jan. 10,

10, 2025).

17 17 Under Under Guam law,

law, prosecution of

of a felony offense other other than murder and criminal sexual 18 18 conduct must commence conduct must commence within within three

three (3)

(3) years

years of

of the

the offense

offense committed.

committed. 88 G.C.A.

G.C.A. §§ 10.20.

10.20.

19 19 "Generally "Generally speaking, speaking, the

the return

return of

of an indictment

indictment tolls

tolls the

the statute

statute of

of limitations with respect to the 20 20 charges contained in the the indictment."

indictment." United States v.

v. Pacheco,

Pacheco, 912 F.2d 297,

297,305 (9th Cir. 1990)

21 (internal citations omitted).

(internal citations omitted). "A "A superseding

superseding indictment

indictment returned

returned while the

the first

first indictment

indictment is

22 22 pending pending is timely unless is timely unless it broadens or substantially amends the charges in the the original

original indictment.

indictment.

23 23 To determine whether the superseding superseding indictment impermissibly changed the impermissibly changed the charges charges in the

24 necessary to original indictment it is necessary to examine the two indictments carefully." United United States v.

25 Sears, Roebuck & Co., Sears, Inc., 785 F.2d 777, 778~79 Co., Inc., 778-79 ((citations omitted).

citations omitted).

26 26 The original IndictMent charged Defendant Indictment charged Defendant with Theft of a Motor Motor Vehicle

Vehicle (As a Second

27 27 Degree Degree Felony)

Felony) in

in Charge

Charge One .-. Counts One, One-Counts One, Two,

Two, and

and Four,

Four, and

and charged

charged Defendant

Defendant with Theft

28 of of Property (As a Second Degree Felony)

Felony) in

in Charge

Charge Two

Two .-- Counts One, Two, Three, Four, and

People v. Susuico Case No.

No. CF0492-22

Decision Decision and and Order

Page 2 of5

of 5

1 Five. (Indictment, (Indictment, Aug.

Aug.4,4,2022).

2022). The

TheSuperseding

SupersedingIndictment

Indictment changed

changed Charge

Charge One - Counts

Counts

2 2 One, One, Two, and and Charge and Four and ChargeTwo

Two -- Counts One, Two,

Counts One, Two, Three, Four, and Five Four, and Five to

to Theft by

3 Receiving Receiving(As (AsaaSecond

Second Degree

Degree Felony).

Felony).(Superseding

(SupersedingIndictment,

Indictment,Oct.

Oct. 29,

29, 2024). These

These charges

charges

4 4 are all alleged alleged to

to have

have occurred

occurred between

between February 5, 2020 and andSeptember

September25,

25,2021.

2021.Id.

Id Thus, the

5 issue issue before the Court Court is

is whether

whether or

or not

not the

the Superseding

Superseding Indictment

Indictment broadened

broadened or

or substantially

substantially

6 6 amended theoriginal amended the originalindictment indictmentby

bychanging

changingthe

thecharge

chargefrom

fromTheft

TheftofofaaMotor

MotorVehicle

Vehicle (As

(As aa

7 Second Degree Degree Felony)

Felony) and Theft of

and Theft of Property

Property (As

(As a Second

SecondDegree

DegreeFelony)

Felony) to

toTheft

Theft by

byReceiving

Receiving

8 (As (As aa Second Degree Felony).

Second Degree Felony).

9 "To "Todetermine

determine whether

whetheraasuperseding

superseding indictment

indictment substantially

substantially broadens

broadens or amends

amends aa

10 10 pending timely indictment, indictment, it is

is appropriate

appropriate to consider whether the additional additional pleadings

pleadings allege

11 11 violations of of aa different

different statute, different elements, statute, contain different elements, rely rely on different

different evidence, or expose

12 12 the defendant defendant to to aapotentially

potentially greater sentence."

sentence." United

United States v.

v. Liu,

Liu, 731 F.3d 982,

982, 996-97 (9th

13 Cir. 2013)

2013) (quoting

(quoting United

United States

States v. Yielding,

Yielding, 657

657 F.3d 688, 704 (8th Cir.

688, 704 Cir. 201 l) (internal 2011) (internal

14 14 quotation quotation marks marks omitted). "The "The central

central concern

concern in

in determining

determining whether the counts whether the counts in aa

15 15 superseding indictment should be be tolled

tolled based on similar counts included in the the earlier

earlier indictment

16 16 notice." Id. at is notice." 997. See at 997. See also United

United States

States v.

v. Smith, 197 225, 229 197 F.3d 225, 229(6th

(6th Cir.

Cir. 1999)

1999) (citing

(citing

17 17 Grady, 544 F.2d at at 601)

601) ("Notice

("Notice totothe

thedefendants

defendants of

ofthe

thecharges,

charges, so

so that

that they

they can

can adequately

adequately

18 18 prepare prepare their defense, is is the

the touchstone

touchstone in

in determining

determining whether

whether aa superseding

superseding indictment

indictment has

has

19 19 broadened the the original

original indictment.")..

20 Pursuant Pursuant toto99G.C.A.

G.C.A. §§ 43.30,

43.30,Theft

Theft of

of Property,

Property, "[a]

"[a] person

person isis guilty

guilty of

of theft if he

theft if he

21 21 unlawfully takes or obtains obtains or

or exercises

exercises unlawful

unlawful control

control over, movable property of ofanother

another with

22 22 intent to deprive intent to thereof." 9 himthereof."

deprivehim 9 G.C.A.

G.C.A. §§ 43.30(a).

43.30(a). Pursuant to 9

Pursuant to 9 G.C.A.

G.C.A. §§ 43.50, Theft by 43.50, Theft by

23 23 Receiving Stolen Stolen Property, "[a] person person is

is guilty

guilty of

oftheft

theft ififhe

heintentionally

intentionally receives,

receives, retains

retains or

24 disposes disposes of movable property property of

ofanother

another knowing

knowing that

that it

it has

has been stolen or believing believing that

that itit has

has

25 25 probably been stolen.

probably been stolen. ItIt is a defense defense to aa charge

charge of

ofviolating

violatingthis

this Section

Sectionthat

that the

the defendant

defendant

26 26 received, received, retained or disposed retained or disposedof

of the

theproperty

propertywith

withintent

intenttotorestore

restoreitittotothe

theowner."

owner." 99 G.C.A.

G.C.A. §§

27 40.50(a). Defendant Defendantargues

argues that

that the changes

changesin

inthe

theSuperseding

SupersedingIndictment

Indictmentfrom

fromTheft

Theftof

of Property

Property

28 to Theft Theft by by Receiving

Receiving"are

"arenot

notmere

meretechnical

technicalchanges

changes but

but change

change the

the nature

nature of the

the case

case

People v.

v. Susuico

Case No.

No. CF0492-22

Decision Decision and Order

Page Page 3 of

of55

1 altogether" and the "defenses to the the crimes are

are different

different as

aswell."

well." (Mot.

(Mot. Dismiss

Dismiss at

at 4).

4). Defendant

Defendant

2 sets forth forth that

that "[

"[w]hereas [he] could

w]hereas [he] could have

have argued

argued he

he was not the

the one who stole the materials in

3 defense of of the Indictment, that defense is no longer available to him available to him because the elements of of the

4 crimes have changed. In Inaddition,

addition, the

the evidence

evidence as

as to

to Mr.

Mr. Susuico's

Susuico's intent

intent has

has totally

totally changed.

5 government was required to prove Mr. Susuico actively obtained goods, now Whereas before the government now

6 the elements address whether Mr.

Mr. Susuico

Susuico received

received goods

goods knowing

knowing or thinking the goods were

7 probably stolen."

probably stolen." Id Defendant Defendantalso

alsonotes

notesthat

thatthese

these changes

changes to

to the

the Indictment were not made 8 within months after the the original Indictment

Indictment was

was returned,

returned, but

but over

over two

two years

years later.

later. Id

Id at

at 5.

9 "Guam's theft "Guam's theft statute,

statute, set

set forth in Title

forth in Title 99 GCA

GCA §§ 43.30,

43.30, and theft by

and theft by receiving

receiving statute,

statute, set

set

10 10 for th in forth in T itle 9 Title GCA §§ 43.

9 GCA on Model based on r ba

50, aare 43.50, Model Pena Penall Code

Code sections

sections 223.

223.2 aand

nd 223.

223.6

11 respectively." People People v. Palisoc,

Palisoc, 2002

2002 Guam il 40. The Supreme Guam 9911 Supreme Court of of Guam, after

12 12 reviewing reviewing commentary commentary to

to the

the Model

Model Penal

Penal Code

Code sections,

sections, found

found that

that "theft

"theft and theft by receiving receiving

13 are intended are intended to to reach

reach distinct

distinct wrongdoers." il 41.

wrongdoers." Id atat 11 41. The The Supreme

Supreme Court

Court observed

observed that

that

14 14 "[s]everal states follow the same logic logic in

in interpreting

interpreting their

their respective

respective theft

theft statutes,

statutes, finding that

15 15 in enacting a receiving statute, the legislature:

16 16 Intended Intended to reach a distinct group of wrongdoers. The class includes those persons who receive, retain, or dispose of property received from another person with the 17 17 knowledge oror reasonable reasonable belief

belief that

that the property

property has been stolen.

stolen. The legislative

legislative

18 18 intent was not intent not to expand the offense offense of

oftheft,

theft, but

but to create a separate crime.

19 Id il The Id atat 1]41. The Supreme Supreme Court

Court made clear in Palisoc, Palisoc, that theft and theft by receiving receiving are not the

20 20 Id("We same crime. Id ("Weagree agreewith

withthis

thisline

lineofofcases

cases and

and find

find that

that aa defendant

defendant cannot be convicted 21 of both theft and theft by receiving because because one who is

is aa thief

thief cannot

cannot be also

also be aa receiver.").

receiver.").

22 Accordingly, as theft and theft by receiving are not the same crime and the defenses available to 23 23 Defendant Defendant have changed, the Court finds that the the Superseding Indictment broadened the original

24 indictment by adding new charges beyond indictment beyond the statute of limitations limitations period.

period. Therefore, the Court 25 25 finds Charge One of Theft by Receiving (As a Second Degree Felony) -- Counts Counts One, Two, and

26 26 Four and Charge Two of Theft by by Receiving

Receiving (As a Second

Second Degree

Degree Felony)-

Felony) Counts One, Two,

27 27 Three, Four, Four, and

and Five

Five of

of the

the Superseding

Superseding Indictment

Indictment must be dismissed.

28 28

People People v. Susuico Case No. CF0492-22 Case No. Decision Decision and and Order

Page 4 of5

of 5

1 CONCLUSION 2 reasons, the For the foregoing reasons, Court hereby the Court GRANTS Defendant's hereby GRANTS to Dismiss.

Defendant's Motion to Dismiss.

3 2.v¢\

4 IT IS SO ORDERED

IS SO this A

ORDEREDthis 2:;vAday 2025.

April, 2025. ofApril,

5

6

7

8 4«----

HONORABEE p. PEREZ HONORABLE VERNON P.

Court of

Superior Cou1"t

Judge, Superior of Guam

9

10 10

II

12

113

14 14

15 15

16 16

17 17

18 18

19 19

20 20

21 21

22 senvlce Sl!RVICI! WA

VIA I-MAIL

1!-M.AIL

»1 acknowledge

acil"O"""'edge :her

that ana" electvomt.

el@ct,on1c.

23 23 Com Co~G' ofthe

theOf~g~nal was e mauledr o,,g,ni!II wa~ ma1lea to

//61 JI. 6?1q7"qy"I 16/ l711i/2,,zv1

vV

24 24

25 Date'ihJ/,r Date fl:l\e. q!Y¢v/x vb;/fr rvne.ff;sy,,,.._

26 26 /l-1{µ,.4 a.% I/6414 g e.. c.-,,, ./\

Deputy Oeput'f clerk_ Supenov Court clerk. Super,o, Coup of Gu~m Guam

27 27

28

People People v. Susuico Case No.

No. CF0492-22

Decision Decision and and Order

Page 5 ofS