People v Fisher [2001] GUSC 3; 2001 Guam 02 (9 February 2001)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM
Plaintiff-Appellee

vs.

JAKE FRANCISCO FISHER
Defendant-Appellant

OPINION

Filed: February 9, 2001

Cite as: 2001 Guam 2

Supreme Court Case No. CRA99-027
Superior Court Case No. CF0592-98

Appeal from the Superior Court of Guam
Argued and submitted on June 14, 2000
Hagåtña, Guam

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

Appearing for the Defendant-Appellant Antonio L. Cortes, Esq Law Office of Antonio L. Cortes 252 Calle Angel Flores Sinajana, Guam 96926 P.O. Box BV Hagåtña, Guam 96932

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

CRUZ, C.J.:

[1] On April 19, 1999, the Defendant-Appellant, Jake Francisco Fisher, was found guilty, after trial by jury, of one count of aggravated assault, as a third degree felony, with a special allegation of use of a deadly weapon in the commission of a felony. He was subsequently sentenced on October 25, 1999, to eight (8) months for aggravated assault, five (5) years for the special allegation and ordered to pay restitution to the victim. The Judgment was issued on December 7, 1999. The Defendant-Appellant appeals his conviction on the grounds that (1) the trial court erred in permitting improper impeachment evidence; (2) the People failed to disclose relevant discovery; (3) the trial court erred in failing to suppress prejudicial testimony of Dr. Jeron E. Landstrom,; and (4) the trial court erred in denying his motion for acquittal. Upon review of the testimony at trial and the relevant law on the issues, the court hereby affirms the Defendant-Appellant's conviction.

FACTUAL AND PROCEDURAL BACKGROUND

[2] The Defendant-Appellant, Jake Francisco Fisher (hereinafter AFisher@), was indicted by a grand jury and charged with one count of aggravated assault, as a third degree felony, with a special allegation of use of a deadly weapon in the commission of a felony. The indictment was derived from an incident which took place on the evening of June 21, 1998. On that evening, Fisher was residing in the home of Gloria Borja Cordero (hereinafter ACordero@), Guam Housing and Urban Renewal Authority (hereinafter AGHURA@) property, when he was awakened by Francisco Palacios (hereinafter APalacios@), who had entered the residence through the back door after receiving no response when knocking on the front door. It was Palacios' testimony that he often entered the residence through the unlocked back door, at the approval of his friend, Cordero's son, Leyton Borja (hereinafter ABorja@). Fisher and Palacios were acquainted; however, Palacios was apparently unaware that Fisher was residing in the home. After Fisher awoke, Palacios informed Fisher who he was and that he was there to visit Borja.

[3] Fisher proceeded to yell at Palacios and ordered him out of the house. Fisher struck Palacios, who struck Fisher in return. Palacios observed Fisher reach for what he believed to be a weapon, at which time Fisher, brandishing a knife, began to proceed towards Palacios. Palacios went through the door and tried to close it behind him so as to avoid an attack by Fisher. Fisher struck the knife through the door resulted almost completely severing of one of Palacios' thumbs.

[4]