People of Guam v Guerrero [2014] GUSC 10; 2014 Guam 10 (5 May 2014)

IN THE SUPREME COURT OF GUAM

THE PEOPLE OF GUAM,
Plaintiff-Appellant,

v.

JOCELYN REBECCA JESUS LEON GUERRERO,
Defendant-Appellee.

Supreme Court Case No.: CRA13-013
Superior Court Case No.: CM0395-11

OPINION

Filed: May 5, 2014

Cite as: 2014 Guam 10

Appeal from the Superior Court of Guam
Argued and submitted November 7, 2013
Hagåtña, Guam

Appearing for Plaintiff-Appellant: James Collins, Esq. Assistant Attorney General Office of the Attorney General 590 S. Marine Corps Dr., Ste. 706 Tamuning, GU 96913

Appearing for Defendant-Appellee: Suresh Sampath, Esq. Assistant Public Defender Public Defender Service Corp. MVP Sinajana Commercial Bldg., Unit B 779 Route 4 Sinajana, GU 96910

BEFORE: F. PHILIP CARBULLIDO, Chief Justice; ROBERT J. TORRES, Associate Justice; KATHERINE A. MARAMAN, Associate Justice.[1]

TORRES, J.:

[1] The People of Guam (the “People”) appeal from the trial court’s dismissal of a criminal complaint against Joycelyn Rebecca Jesus Leon Guerrero. Leon Guerrero was charged with one count of Driving Under the Influence of Alcohol (As a Misdemeanor). However, due to her initial failure to appear combined with the failure to execute a bench warrant for her arrest, Leon Guerrero was not arraigned until over five hundred days after the complaint against her was filed. The trial court found no good cause to excuse this delay and dismissed the complaint without prejudice for failure to promptly arraign, as required by 8 GCA § 60.10. The People filed a timely notice of appeal.

[2] We hold that the trial court did not abuse its discretion in dismissing the complaint against Leon Guerrero.

1. FACTUAL AND PROCEDURAL BACKGROUND
   

[3] On April 16, 2010, Defendant-Appellee Jocelyn Rebecca Jesus Leon Guerrero was arrested for allegedly driving drunk. The next day, she was released and given a Citation and Notice to Appear (“NTA”) for arraignment on April 6, 2011, almost one year from the date of arrest. The Citation and NTA also contained a “Promise to Appear,” which she signed,
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indicating the repercussions for willfully failing to appear for arraignment.[2]