People v. Wasan

Opinion

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IN THE SUPERIOR COURT OF GUAM 1

THE PEOPL OF GUAM, Superior Court Case No. CF0551-17

plaintiff 3 vs. DECISION AND ORDER RE MOTION FOR LEAVE OF COURT MACHRINW SAN, TO CHANGE PLEA TO NOT GUILTY BY REASON OF Defendant. MENTAL DEFECT OR ILLNESS

Defendant Machirin Was an' moves for leave of Court to change her plea from not guilty

to Not Guiltyl by Reason of Mental Defect or Illness. Having evaluated the applicable law and

the parties' arguments, the Court hereby GRANTS the motion.

1. PROCEDURAL BACKGROUND

The Indictment charges Was an and her co-Defendant Richard Angonbiran with:

Burglary (as a Second Degree Felony); Theft (as a Second Degree Felony); Criminal Mischief to

a Motor Vehicle (as a Third Degree Felony); and seven counts of Child Abuse (as a

Misdemeanor). Was an pled not guilty at her Arraignment on November 22, 2017.

Was an now moves for leave of court to withdraw her not guilty plea and to enter a plea of

Not Guilty by Reason of Mental Defect or Illness. Wasan's attorneys point to two factors

supporting a change of her plea. First, APD states that Was an suffered a rican°iage the day I

before the al eyed conduct, and references a police report confirming that fact. Second, APD

reports that asap has "very little recollection about the date of the events that resulted in the

' The Alternate Public Defender ("APD") represents Was an.

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CF0551-17 DEC AND ORDER re MOTION FOR LE Page 2 OF COURT TO GE PLEA TO NOT GUILTY BY N OF MENTAL DEFECT OR ILLNESS 1

charges," Andi that Wasan's responses to their inquiries on this point are "somewhat

unresponsive," Mot. 1]6. In opposition, the People contest that Was an has not provided good i

cause to supplort an untimely change in plea. Opp'n at 2 (Jan. 9, 2018). 1 H. LAWIAND DISCUSSION

Guam law permits a defendant to assert an affirmative defense of "Mental illness, disease

or defect, precluding responsibility." 9 GCA §7.22(a). However, the defendant may plead not

guilty by reason of mental illness, disease or defect more than ten days after arraignment except

upon a showing of good cause. 9 GCA §7.22(d).

Guam law has not defined "good cause," however, it is generally described as a "legally

sufficient reason." Black's Law Dict. (10th ed. 2014). The standard is satisfied upon a

petitioner's showing that, at the time of arraignment, the plea was entered due to "mistake,

ignorance, or inadvertence." Garza v People, 612 P.2d 85, 86 (Colo. 1980) (en bane).

Ultimately good cause is shown "when it is demonstrated that fairness and justice are best

observed by permitting the additional plea." Id.

Was an has demonstrated good cause to withdraw her plea of not guilty and enter a plea of

not guilty by reason of mental illness or defect. Since Wasan's arraignment, her counsel

encountered difficulty communicating with her, a non-English speaker with difficulty

remembering the alleged incident. These challenges have affected APD's ability to prepare and

mount a defense, and raise issues of competency that counsel may not have detected earlier.

Moreover, her miscarriage the day prior to the incident could have affected her ability to

understand what occurred on the day of the incident. Due to communication issues, it is likely'

counsel could not have detected this issue earlier.

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CF0551-17 DEC N AND ORDER re MOTION FOR LE Page 3 OF COURT T GE PLEA TO NOT GUILTY BY ON OF MENTAL DEFECT OR ILLNESS

Moreover, there remains sufficient time to address Wasan's competency prior to the

scheduled trial day of May 1, 2018. Under the circumstances, fairness and justice are best served

by allowing Was an to pursue this affirmative defense.

111. CONCLUSION AND ORDER

In the interest of serving justice, the circumstances permit allowing Was an to pursue an

affirmative defense in this matter. The Court, therefore, GRANTS Wasan's Motion to change i her plea to Not Guilty by Reason of Mental Defect or Illness.

SO ORDERED this 16th day of January 2018.

HO N E LYZE IRIART E Judge, Superior Court of Guam

SERVICE VIA COURT BOX I acknowledge that a cop = of the original hereto was »»- in the court

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Derifv cm, SuperiorCulltdGuam

ORIGINAL