People of Guam v Tenorio [2007] GUSC 19; 2007 Guam 19 (18 December 2007)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM,
Plaintiff-Appellee,

v.

ANDREW M. TENORIO,
Defendant-Appellant.

OPINION

Filed: December 18, 2007
Cite as: 2007 Guam 19

Supreme Court Case No. CRA07-002
Superior Court Case No. CF0243-06
Appeal from the Superior Court of Guam
Argued and submitted on October 15, 2007
Hagåtña, Guam

Appearing for Defendant-Appellant: Samuel S. Teker, Esq. Teker Torres & Teker, P.C. 130 Aspinall Avenue, Suite 2A Hagåtña, GU 96910

Appearing for Plaintiff-Appellee: Marianne Woloschuk, Esq. Office of the Attorney General 287 West O’Brien Dr. Hagåtña, GU 96910

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

TORRES, J.:

[1] Defendant-Appellant Andrew Tenorio ("Tenorio") appeals from a final judgment convicting him of Third and Fourth Degree Criminal Sexual Conduct, and the denial of a motion for judgment of acquittal related to the same offenses. Tenorio argues that Plaintiff-Appellee People of Guam failed to present sufficient competent evidence at trial of the "force or coercion" element of Third Degree Criminal Sexual Conduct ("CSC III"), and of the "physical helplessness" element of Fourth Degree Criminal Sexual Conduct ("CSC IV"). We agree that there was insufficient evidence of force or coercion and reverse his conviction for CSC III, but affirm the conviction for CSC IV.

I.

[2] In May 2006, the Mangilao Youth Crime Watch held a sleepover retreat at the Mangilao community recreation center. The sleepover was attended by: Tenorio, who served as an adult advisor to the youth group, Complainant T.Q.,[1] the 19-year-old President of the group, and four or five minors. During the middle of the night, T.Q. awoke and felt Tenorio rubbing his chest. T.Q. thought Tenorio was just moving around in his sleep, so T.Q. went back to sleep. When T.Q. woke up again, Tenorio’s hand was in his pants touching his penis. Tenorio moved his hand under T.Q.’s boxers, pulled down his pants, touched his penis until erect, and performed oral sex for about a minute. T.Q. then turned over on his side. After T.Q. turned over, Tenorio pulled up T.Q.’s pants and T.Q. went back to sleep.

[3]