People v Guerrero [2001] GUSC 19; 2001 Guam 19 (16 August 2001)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM
Plaintiff-Appellee

vs.

GERALD VINCENT LEON GUERRERO
Defendant-Appellant

OPINION

Supreme Court Case No. CRA99-026
Superior Court Case No. CF0036-93

Filed: August 16, 2001

Cite as: 2001 Guam 19

Appeal from the Superior Court of Guam
Submitted on January 17, 2001
Hagåtña, Guam

Representing the Plaintiff-Appellee: Angela Borzachillo, Assistant Attorney General Office of the Attorney General Prosecution Division Suite 2-200E, Judicial Ctr. Bldg. 120 West O'Brien Drive Hagåtña, Guam 96910

Representing the Defendant-Appellant: Matthew T. Gregory, Esq. Mair, Mair, Spade & Thompson Suite 807, GCIC Building Avenue 414 West Soledad Hagåtña, Guam 96910

BEFORE: PETER C. SIGUENZA, JR., Chief Justice (Acting)[1]; F. PHILIP CARBULLIDO, Associate Justice; and JOHN A. MANGLONA, Designated Justice.

CARBULLIDO, J.:

[1] On October 18, 1993, after a trial by jury, the Appellant, Gerald Vincent Leon Guerrero (hereinafter ALeon Guerrero@) was convicted of the offenses of Kidnapping (As a First Degree Felony), Aggravated Assault (As a Third Degree Felony) and Possession of a Firearm Without a Firearm Identification Card (As a Felony). The jury additionally found Leon Guerrero guilty of the Special Allegation of the Use of a Deadly Weapon in the Commission of a Felony for each of the first two charges. Appellate counsel has filed an Anders brief stating that he does not believe that Leon Guerrero has any basis for appeal. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967).

[2] The Anders brief submits that four arguable issues for appeal may exist: (1) whether Leon Guerrero was deprived of the effective assistance of trial counsel; (2) whether the trial court erred in overruling certain evidentiary objections; (3) whether there was sufficient evidence to sustain Leon Guerrero's conviction; and, (4) whether Leon Guerrero was competent to stand trial. We have independently reviewed the record and the issues raised by counsel in the Anders brief. We conclude that no meritorious issue for review has been raised. Pursuant to the procedures set forth in Anders, we dismiss this appeal as frivolous.

I.

[3] On or about February 4, 1993, Leon Guerrero confronted Jesse Pablo Cordero (hereinafter ACordero@) immediately after Cordero dropped Leon Guerrero's girlfriend, Angela Taitano (hereinafter ATaitano@) at her residence in Yigo. Leon Guerrero exited his vehicle and entered Cordero's vehicle and directed Cordero to drive to a nearby remote area. An individual identified as Jack Hanson, driving Leon Guerrero's vehicle, followed Leon Guerrero and Cordero to a jungle area on a dirt road off the main road.[2] After Leon Guerrero questioned Cordero regarding his relationship with Taitano, he retrieved a rifle from his car. Leon Guerrero struck Cordero three times with the rifle and ordered him into the trunk of Cordero's car. Fearing for his life, Cordero entered the trunk of his car.

[4]