Guam v Gay [2007] GUSC 12; 2007 Guam 11 (16 October 2007)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM,
Plaintiff,

vs.

BENJAMIN KING GAY,
Defendant.

Supreme Court Case No. CRQ07-001
Superior Court Case No. CF0069-03

OPINION

Filed: October 16, 2007

Cite: 2007 Guam 11

Certified question from the Superior Court of Guam
Submitted on July 23, 2007
Hagåtña, Guam

BEFORE: F. PHILIP CARBULLIDO, Chief Justice; ROBERT J. TORRES, Associate Justice; RICHARD H. BENSON, Justice Pro Tempore.

CARBULLIDO, C.J.:

[1] This matter comes before the court upon the filing of a certified question of law by the Superior Court on July 23, 2007. The Superior Court is currently supervising a plea negotiation in a criminal trial and requests that this court determine whether it has the power to suspend a fifteen year minimum sentence for First Degree Criminal Sexual Conduct mandated under 9 GCA § 25.15(b). This request is made despite the fact that: (1) the defendant has not yet agreed to the plea agreement; (2) no sentencing hearing has yet been held; and (3) the lower court has indicated it would likely sentence the defendant to at least fifteen years on other grounds regardless of how this court answers the certified question. For the reasons set forth herein, we deny the request to answer the certified question.

I.

[2] On February 21, 2003, defendant Benjamin King Gay (“Gay”) was indicted on multiple counts of First and Second Degree Criminal Sexual Conduct, in violation of 9 GCA §§ 25.15(a)(1) and 25.20(a), as well as multiple counts of Child Abuse in violation of 9 GCA § 31.30(a)(2)(C). The indictments resulted from incidents alleged to have occurred between 1996 and 2003 between Gay and his step-children.

[3] On January 26, 2005, Gay’s wife, speaking for herself and her daughters, expressed through an affidavit her wish that Gay not be incarcerated. On December 13, 2005, a plea agreement was received by the Superior Court that included, among other things, an agreement by Gay to plead guilty to one count of First Degree Criminal Sexual Conduct under 9 GCA §§ 25.15(a)(1) and (b). Also relevant to this discussion was Gay’s agreement to abide by any imprisonment sentence decided by the court. According to 9 GCA § 25.15(b), a person convicted of First Degree Criminal Sexual Conduct “shall be sentenced to a minimum of fifteen (15) years imprisonment.” 9 GCA § 25.15(b) (2005). The People filed a memorandum expressing their view that the plea agreement was appropriate.

[4]