People of Guam v Tedtaotao [2015] GUSC 31 (10 November 2015)

IN THE SUPREME COURT OF GUAM

The People of Guam,
Plaintiff-Appellee,

v.

Raymond Torres Tedtaotao,
Defendant-Appellant.

Supreme Court Case No.: CRA14-015
Superior Court Case No.: CF0218-13-01

OPINION

Filed: November 10, 2015

Cite as: 2015 Guam 31

Appeal from the Superior Court of Guam
Argued and submitted on May 13, 2015
Dededo, Guam

Appearing for Defendant-Appellant: Leevin T. Camacho, Esq. Law Office of Leevin T. Camacho 194 Hernan Cortez Ave., Ste. 216 Hagåtña, GU 96910

Appearing for Plaintiff-Appellee: Brian D. Gallagher, Esq. Assistant Attorney General Office of the Attorney General Prosecution Division 590 S. Marine Corps Dr., Ste. 706 Tamuning, GU 96913

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

MARAMAN, J.:

[1] Defendant-Appellant Raymond Torres Tedtaotao appeals from a final judgment convicting him of Attempted Murder (as a First Degree Felony); First Degree Robbery (as a First Degree Felony); Aggravated Assault (as a Second Degree Felony); and Burglary (as a Second Degree Felony). Tedtaotao presents five arguments on appeal. First, Tedtaotao argues that the charge of Attempted Murder presents a legal impossibility and fails to allege an offense. Second, he argues that the People failed to provide sufficient evidence on the Attempted Murder charge. Third, he argues that the trial court erred in instructing the jury on the Attempted Murder charge. Fourth, he argues that his Sixth Amendment right to speedy trial was violated. And fifth, he argues that a Brady violation occurred. For the following reasons, we reverse and vacate the conviction for Attempted Murder. We remand the case for resentencing and for the trial court to dismiss the Attempted Murder charge. In addition, we affirm the trial court's holding as to Tedtaotao's Sixth Amendment right to speedy trial claim. Finally, we affirm the trial court's denial of Tedtaotao's motion to exclude the testimony of the People's witness.

I. FACTUAL AND PROCEDURAL BACKGROUND

[2] On May 7, 2013, Tedtaotao was indicted for Attempted Murder (as a First Degree Felony); First Degree Robbery (as a First Degree Felony); Aggravated Assault (as a Second Degree Felony); and Burglary (as a Second Degree Felony).[1] Also named in the indictment were Anthony Paul Mendiola and Kyle James Cruz. The first charge of the indictment alleged: