People of Guam v Chargualaf [2001] GUSC 1; 2001 Guam 01 (16 January 2001)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM
Plaintiff-Appellee

vs.

RANDY IGNACIO CHARGUALAF
Defendant-Appellant

OPINION

Filed: January 16, 2001

Cite as: 2001 Guam 01

Supreme Court Case No. CRA00-002
Superior Court Case No. CF0317-97

Appeal from the Superior Court of Guam
Argued and submitted on October 26, 2000
Hagåtña, Guam

Appearing for the Plaintiff-Appellee: Angela M. Borzachillo Assistant Attorney General Office of the Attorney General Prosecution Div. Suite 2-200E, Guam Judicial Ctr. 120 W. O'Brien Dr. Hagåtña, Guam 96910

Appearing for the Defendant-Appellant: Terry E. Timblin, Esq. Attorney at Law Ste. 501C, GCIC Bldg. 414 W. Soledad Ave. Hagåtña, Guam 96910

BEFORE: BENJAMIN J.F. CRUZ, Chief Justice, PETER C. SIGUENZA, JR., Associate Justice, and JOHN A. MANGLONA, Designated Justice.

SIGUENZA, J.:

[1] Randy Ignacio Chargualaf (hereinafter AChargualaf@) was convicted of Second Degree Robbery (as a Second Degree Felony) with a Special Allegation of Possession and Use of a Deadly Weapon in the Commission of a Felony, Conspiracy to Commit Robbery (as a Second Degree Felony), and Theft (as a Misdemeanor) after a jury trial in the Superior Court of Guam. Chargualaf appeals his convictions on the following grounds: (1) that the trial court erred when it denied his motion to suppress evidence on the ground that his Fourth Amendment rights were violated; (2) that the trial court erred when it refused to exclude the identification testimony of the victim; and (3) that the convictions should be overturned because the jury returned an inconsistent verdict. For the reasons set forth in this opinion, we reject each of these arguments and hereby affirm his convictions.

I.

[2] At approximately 11:00 p.m. on July 20, 1997, Nobuyo Certeza (hereinafter ACerteza@) was robbed at gunpoint in her home by three individuals, two males and one female.[1] The perpetrators took an envelope containing cash and Certeza's purse which contained her wallet and credit card.

[3] At 9:45 a.m. on July 21, 1997, police officer Christopher Dawson (hereinafter ADawson@) of the Guam Police Department, while on routine patrol along Route 1, stopped a car driven by Chargualaf after he noticed that the vehicle had a cracked front windshield and a missing license plate. Candelaria Quidachay Mendiola (hereinafter AC. Mendiola@) was the passenger. Dawson testified that Chargualaf looked particularly nervous upon being stopped. He then asked Chargualaf whether there were narcotics or weapons present in the car and Chargualaf said no. Dawson asked if he could search the vehicle and Chargualaf consented. Dawson then directed both Chargualaf and C. Mendiola to step out of the vehicle. At that point, Chargualaf pulled up the door panel and made furtive movements with his hands, out of Dawson's view. Chargualaf explained that he was trying to jimmy the lock to open the vehicle door. Dawson then opened the door from the outside at which point Chargualaf pulled the door shut. Dawson then drew his weapon, opened the door, and ordered Chargualaf to step in front of the car. Chargualaf complied. Unbeknownst to Dawson, Chargualaf had taken a pistol from the car. While Dawson was searching the car, Chargualaf placed the firearm on the ground at the front of the car where he was directed to stand. Dawson inspected the door panel and did not find anything. A back-up police officer, Santo Tomas, arrived and asked Chargualaf whether he had previously given permission to Dawson to search the car for firearms or drugs. Chargualaf answered in the affirmative.

[4] Dawson also requested that C. Mendiola exit the car along with Chargualaf. Upon exiting the car, C. Mendiola carried a black pouch with her. Dawson searched the pouch after getting C. Mendiola's consent, and found a credit card with Japanese Kanji characters, drugs and drug paraphernalia. Santo Tomas then recognized both C. Mendiola and Chargualaf as matching the description of the suspects of the Certeza robbery the previous night. At around 10:00 a.m., Santo Tomas noticed the pistol on the ground at the front of the vehicle, he then drew his weapon and ordered Chargualaf to raise his hands. Dawson then searched Chargualaf's person and cuffed him.

[5] As a result of the above circumstances, Chargualaf was implicated in the Certeza robbery the previous night and was arrested. His room at the Golden Motel was searched which yielded additional evidence linking him with the crime. C. Mendiola was also arrested.

[6] Following his arrest, the police officers took Chargualaf to the Tamuning police koban and, while there, Ms. Certeza arrived to identify the credit card found in C. Mendiola's black pouch. A police officer asked Ms. Certeza, AIs this the guy?@ She replied that she did not remember. At that point Mr. Certeza, Ms. Certeza's husband, requested that his wife close her eyes and try to remember. Ms. Certeza then identified Chargualaf as being the perpetrator stating, AYes, that's him.@

[7] At the koban, Chargualaf revealed that Don Allen Borja Mendiola (hereinafter AD. Mendiola@) was a participant in the robbery. The police arrested D. Mendiola at his home later that day.

[8] Chargualaf was indicted on July 31, 1997, and charged with one count of Second Degree Robbery (as a Second Degree Felony), a Special Allegation of Possession and Use of a Deadly Weapon in the Commission of a Felony, one count of Conspiracy to Commit Robbery (as a Second Degree Felony), one count of Theft (as a Misdemeanor), one count of Possession of a Firearm Without an Identification Card, and one count of Possession of a Concealed Firearm. Also charged in the Indictment were Co-Defendants, C. Mendiola and D. Mendiola.

[9] Chargualaf filed a motion to dismiss and suppress the evidence obtained as a result of the traffic stop detention and arrest on Fourth Amendment grounds. Chargualaf also filed a motion to exclude the in-court identification testimony by Ms. Certeza. The lower court denied both motions. Prior to trial, the two co-Defendants entered into Plea Agreements whereby each pleaded guilty to one count of Robbery in exchange for testimony against Chargualaf.

[10] A jury trial was held on November 1-9, 1999. The jury found Chargualaf guilty on the Second Degree Robbery, the Special Allegation, Conspiracy and Theft counts, and acquitted on the Possession of a Firearm Without an Identification Card and Possession of a Concealed Firearm counts. The court sentenced Chargualaf on February 1, 2000, and filed its written judgment on March 9, 2000, which was entered on the docket on March 15, 2000. Chargualaf filed a Notice of Appeal on March 15, 2000.

II.