People v. Vargas

Opinion

—— I IJ~ T 1 2 2021 FEB 8 ~ ~: 3

10 12 CRIMINAL CASE NO.: CF0446-18 13 14 vs. DECISION AND ORDER 15 Re: People’s Motion to Continue Trial 17 Defendant. 18 20 This matter came before the Honorable Judge Anita A. Sukola on January 19, 21 2021, upon the People’s Motion to Continue Trial. The People of Guam are represented by 22 Assistant Attorney General Christine S. Tenorio. The Defendant, Louis Anthony Vargas 23 (“Vargas”), is represented by Public Defender Stephen Hattori. After reviewing the 24 arguments presented by both parties, the Court GRANTS the People’s Motion to Continue 25 Trial. 27 On August 9, 2018, Vargas was indicted with EiRht Counts of First Degree 28 Criminal Sexual Conduct (As a First Degree Felony), Ei,ght Counts of SPECIAL 29 ALLEGATION: Vulnerable Victim Enhancement, Six Counts of Second Degree 30 Criminal Sexual Conduct (As a First Degree Felony), and Six Counts of SPECIAL 31 ALLEGATION: Vulnerable Victim Enhancement. See Indictment (Aug. 9, 20218). 32 The Court issued a Criminal Trial Scheduling Order on March 6, 2020, originally setting

CF0446-18, People of Guam v. Louis Anthony Vargas. Page 1 of 3 Decision and Order (Re: People’s Motion for Continue Trial). 1 trial for April 3, 2020. This trial date was delayed due to the COVID-19 pandemic. The 2 Court then issued a Third Amended Criminal Trial Scheduling Order on December 16, 3 2020, which set trial in this matter for February 3, 2021. See Third Amended Criminal 4 Trial Scheduling Order (Dec. 16, 2020). Defendant verbally asserted speedy trial on 5 December 14, 2020. See Mm. Entry (Dec. 14, 2020). 6 On December 23, 2020, the Supreme Court of Guam issued its Twelfth Upodated 7 Order relative to Court Operations Under Exigent Circumstances Related to the COVID 8 19 (Coronavirus). See AMD2O-414. In that Order, the Court continued the tolling of the 9 running of the speedy trial clock to February 28, 2021. Id. at 2. 10 On December 31, 2020, the People filed the instant motion seeking to continue 11 trial due to “[t]he People’s expert DNA witness is expected to be on maternity leave 12 throughout the month of February, 2021.” People’s Mot. to Continue Trial (Dec. 31, 13 2020). Defendant orally opposed the motion at a hearing held on January 19, 2021. The 14 Court subsequently took the matter under advisement. 16 According to Title 8 GCA § 80.50, “[nb continuance of trial shall be granted 17 except upon affirmative proof in open court, upon reasonable notice, that the ends of justice 18 require a continuance.” 8 GCA § 80.50. Further, “[t]he unavailability of a witness is a valid 19 reason for a delay.” People v. Tedtaotao, 2015 Guam 31 ¶ 43. See also United States v. 20 Howard, 218 F.3d 556, 564 (6th Cir. 2000) (“[T]he four-month continuance sought by the 21 government.. was prompted by the unavailability of a witness, which has been explicitly .

22 recognized as a legitimate justification for a continuance”). 23 Further, “[w]hat constitutes good cause for the delay of a criminal trial is a matter 24 that lies within the discretion of the trial court.” People v. Flores. 2009 Guam 22 ¶ 32. 25 Relatedly, “delay arising from unforeseen circumstances, such as the unexpected illness or 26 unavailability of counsel or witnesses constitutes good cause.” Id. The Court therefore 27 concludes that the “ends of justice” require a continuance. 28 The People state that their expert witness is unavailable until the end of February, 29 2021. People’s Mot. to Continue Trial (Dec. 31, 2020). As explained above, the 30 unavailability of a witness is good cause to continue trial. Further, the Court need not 31 analyze the speedy trial issues, as the speedy trial clock is tolled until February 28, 2021, 32 and the People seek a continuance that would keep trial within the forty five (45) day

CF0446-18, People of Guam v. Louis Anthony Vargas. Page 2 of 3 Decision and Order (Re: People’s Motion for Continue Trial). 1 window as required by law. ~ AMD2O-414; ~ also People’s Mot. to Continue Trial 2 (Dec. 31, 2020); See also 8 GCA § 80.60(a)(2). 3 Thus, the Court grants the People’s Motion to Continue Trial and sets trial 4 according to the Fourth Amended Criminal Trial Scheduling Order filed January 21, 2021. 5 ~ Fourth Amended Criminal Trial Scheduling Order (Jan. 21, 2021). 6 7 CONCLUSION 8 9 For the reasons set forth above, the Court hereby GRANTS the People’s Motion to 10 Continue Trial. 11 FEB1B2O21 12 SO ORDERED this____________

HONORABLE ANITA A. SUKOLA - Judge, Superior Court of Guam

1~ERv’cE VIA E-MAIL I aclnowledge that an electtonic copy of the original was e mailed to ~

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CF0446-18, People of Guam v. Louis Anthony Vargas. Page 3 of 3 Decision and Order (Re: People’s Motion for Continue Trial).