People v. Tedtaotao

Opinion

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THE PEOPLE OF GUAM, ) CRIMINAL CASE NO. CFOO~)3-12 3 ) COURT 4 ) vs. ) 5 ) ) DECISION AND ORDER 6 ALBERTT. TEDTAOTAO, ) 7 ) ) 8 Defendant. ) 9

10 This matter came before the HONORABLE VERNON P. PEREZ on November 1,2012. 11 Attorney Mikaela J. Silkey Henderson appeared representing Defendant Tedtaotao. Assistant 12 Attorney General Jesse N. Nacis appeared representing the Government. Having reviewed the 13 pleadings and arguments presented, the Court now issues the following written Decision and 14

15 Order. 16 BACKGROUND 17 Defendant Tedtaotao reasserted his speedy trial right on October 2,2012. In addition to 18 the 20 days previously expended when Defendant asserted from February 22,2012 to March 12, 19 20 2012, the Court scheduled trial on November 13, 2012. That trial date is 62 days from

21 arraignment while the speedy trial clock ticked.' 22 DISCUSSION 23 Defendant reasserted his speedy trial right on October 2, 2012 and as a result, the clock 24 began again and continued from his last assertion. The Court issued a Scheduling Order on 25

26 October 3, 2012 setting trial for November 13,2012. That Scheduling Order was filed without

27 28 1 February 22, 2012 to March 12,2012 is 20 days. October 2, 2012 to November 13,2012 is 42 days. Even in the event that Defendant's present Motion to Dismiss tolls the clock, that tolling would occur on November 1, 2012 which is 50 days from arraignment.

People v. Tedtaotao Criminal Case No. CF0093-12 - Page 1 of2- input by Defendant about a proper date and thus 8 GCA § 80.60(b)(1) does not excuse the Court

2 scheduling the trial beyond 45 days. As a result, 8 GCA § 80.60 requires dismissal in this 3 matter as the Court does not maintain that any good cause existed. The Court does not find that 4 the Government caused the delay or that these alleged crimes are barred from future 5

6 prosecution. Thus, the dismissal will be without prejudice. The Court understands that it

7 provided the Government with an opportunity to brief the issues within Defendant's Motion to 8 Dismiss. However, the Court will issue this Decision and Order without further input or 9 submissions from the Government as the Court does not find that any argument could possibly 10 provide any good cause excuse to the speedy trial right violation. 11

12 CONCLUSION

13 Based on the foregoing analysis, Defendant's Motion to Dismiss is GRANTED without 14 prejudice. 15 So ORDERED this __ day of November, 2012 16

18 HONORABLE VERNON P. PEREZ 19 JUDGE, SUPERIOR COURT OF GUAM 20

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People v. Tedtaotao Criminal Case No. CF0093-12 - Page 2 of2-