People of Guam v Superior Court of Guam [2003] GUSC 10; 2003 Guam 11 (18 June 2003)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM,
Petitioner,

vs.

SUPERIOR COURT OF GUAM,
Respondent,

FRANCISCO H. CHIGUINA, JR.,
Real Party In Interest.

Supreme Court Case No.: WRM02-005
Superior Court Case No.: CF0407-94

OPINION

Filed: June 18, 2003

Cite as: 2003 Guam 11

Petition for Alternative Writ of Mandate
filed September 23, 2002

For Petitioner: Gerad Egan, Assistant Attorney General Office of the Attorney General Prosecution Division Suite 2-200 E. Judicial Center 120 W. O=Brien Dr. Hagåtña, Guam 96910	For Respondent: Samuel Taylor, Esq. 120 W. O=Brien Dr., Hagåtña, Guam 96910
For Real Party in Interest: Richard Parker Arens, Esq. Cunliffe & Cook A Professional Corporation Suite 200 210 Archbishop Flores Street Hagåtña, Guam 96910

BEFORE: F. PHILIP CARBULLIDO, Chief Justice; JANET HEALY WEEKS and RICHARD H. BENSON, Justices Pro Tempore.

CARBULLIDO, C.J.:

[1] Petitioner, the People of Guam (hereinafter APeople@), filed a Petition for an Alternative Writ of Mandate on September 23, 2002, requesting that this court direct the Respondent, the Superior Court of Guam, (hereinafter ARespondent@), to vacate its sentencing order and to sentence Real Party in Interest Francisco H. Chiguina, Jr. (hereinafter AChiguina@) in accordance with the plea agreement previously accepted by the trial court. We find that the trial court had the discretion to deviate from the terms of the plea agreement and deny the People=s Petition for an Alternative Writ of Mandate.

I.

[2] Chiguina was one of five defendants involved in a wide-ranging burglary conspiracy, which resulted in a combined loss of about $75,000 to various residences and businesses on Guam. On November 23, 1994, Chiguina was indicted on five counts of burglary (as a second degree felony), four counts of theft (as a second degree felony), and three counts of theft (as a third degree felony). On January 17, 1995, Chiguina and the People executed a plea agreement.

[3] In the plea agreement, Chiguina agreed to enter a plea of guilty to five counts of burglary and to two counts of theft. In addition to waiving his right to move for a reduction of a sentence within one hundred twenty days of sentencing, his right to appeal his convictions, and his right to immediate sentencing, Chiguina also agreed to: (1) fully and immediately cooperate with the People=s investigation, (2) testify against his co-conspirators, and, (3) submit to a polygraph test. In consideration for Chiguina=s plea and cooperation, the People agreed to dismiss two counts of theft (as a second degree felony) and three counts of theft (as a third degree felony). More importantly, the People and Chiguina also agreed that Chiguina=s sentence would be reduced to the following:

A. That as to the five counts of Burglary (As a Second Degree Felony), [Chiguina] shall serve three (3) years imprisonment at the Department of Corrections;

B. That as to the two counts of Theft (as a Second Degree Felony), [Chiguina] shall serve five (5) years imprisonment at the Department of Corrections, suspended, consecutive to the sentence imposed in the previous paragraph with probation to be imposed for a period of five (5) years; said probationary period to commence upon [Chiguina=s] release from the Department of Correction; and

C. That as to all charges, to leave imposition of any fines or community services to the discretion of the Court.

People=s Petition for Alternative Writ of Mandate, p. 26. On December 7, 1995, pursuant to the plea agreement, Chiguina entered a plea of guilty to five counts of burglary (as a second degree felony) and to two counts of theft (as a second degree felony). The trial court accepted both Chiguina=s plea and the plea agreement.[1] However, Chiguina=s sentencing date was not scheduled Auntil such date that the People either moved for sentencing or certified that cases against [Chiguina=s] co-actors had reached disposition.@ People=s Petition for Alternative Writ of Mandate, pp. 5-6.[2]

[4] On February 3, 2000, the court received the People=s motion to set aside the sentencing date. The motion was not filed by the court until February 23, 2000. Although the trial court ordered that sentencing would take place on April 28, 2000, sentencing did not occur until May 28, 2002, as a result of five delays apparently attributed to both of the parties and the court. Additionally, the trial court judge who signed the 1995 Plea Agreement was appointed Associate Justice of the Supreme Court of Guam and the case was assigned to a new trial court judge. During sentencing, the new trial court judge sentenced Chiguina to three years imprisonment, with all but six months to be suspended. Chiguina was ordered to serve the six months imprisonment during weekends and to pay restitution to the victims. On June 5, 2002, the People filed a Motion to Vacate Sentence or Stay Sentence. On September 20, 2002, the trial court ordered that the sentence would be stayed pending the People=s Petition to this court.

[5] On September 23, 2002, the People filed a Petition for an Alternative Writ of Mandate, requesting that this court order the Respondent to vacate its sentencing order and instead sentence Chiguina to the terms specified in the plea agreement accepted by the original trial court judge on December 7, 1995.

II.

[6] This court has jurisdiction to review and grant a petition for an alternative writ of mandate pursuant to Title 7 GCA '3107(b) (1994). Title 7 GCA '31203 provides that A