People of Guam v Moses [2016] GUSC 17 (29 April 2016)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM,
Plaintiff-Appellant,

v.

MOSES M. MOSES,
Defendant-Appellee.

Supreme Court Case No.: CRA15-020
Superior Court Case No.: CF0275-14

OPINION

Filed: April 29, 2016

Cite as: 2016 Guam 17

Appeal from the Superior Court of Guam
Argued and submitted on October 28, 2015
Hagåtña, Guam

Appearing for Plaintiff-Appellant: Matthew S. Heibel, 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. Public Defender Service Corp. MVP Sinajana Commercial Bldg., Unit B 779 Route 4 Sinajana, GU 96910

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

TORRES, C.J.:

[1] The Plaintiff-Appellant People of Guam claim error in the dismissal of three special allegations of possession or use of a deadly weapon in the commission of a felony associated with three counts of second degree robbery. After Defendant-Appellee Moses Moses pleaded guilty to the robbery counts, the People proceeded with charges on the special allegations alone, which the trial court dismissed. For the reasons set forth herein, we reverse the decision of the trial court.

I. FACTUAL AND PROCEDURAL BACKGROUND

[2] On June 1, 2014, around 3:30 a.m., Junior Yow called the police, reporting he had just been robbed at gunpoint while working at the 24 Hour Wash & Dry on Route 8 in Hagåtña. A man wearing a T-shirt over his face had threatened Yow with what appeared to be a semi-automatic handgun, fleeing with cash and Yow's cellphone. A nearby business's security guard provided police with a description and a license plate number, which police linked to Moses. Upon arrest, Moses permitted police to search his home in Barrigada where they discovered Yow's cellphone, clothing matching the description from the robbery, and a Powerline by Daisy 5501 BB gun. Moses admitted to robbing the laundromat and further admitted to committing very similar holdups within the previous week. The police thus connected Moses to two other robberies.

[3]