People of Guam v Tedtaotao [2016] GUSC 9 (14 March 2016)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM,
Plaintiff-Appellee,

v.

ALBERT TORRES TEDTAOTAO,
Defendant-Appellant.

Supreme Court Case No.: CRA14-026
Superior Court Case No.: CF0135-13

OPINION

Filed: March 14, 2015
Cite as: 2016 Guam 9

Appeal from the Superior Court of Guam
Argued and submitted on August 10, 2015
Hagåtña, Guam

Appearing for Defendant-Appellant: Peter C. Perez, Esq. Law Office of Peter C. Perez 238 Archbishop Flores St., Ste. 802 Hagåtña, GU 96910

Appearing for Plaintiff-Appellee: Brian D. Gallagher, Esq. Assistant Attorney General Office of the Attorney General 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.

TORRES, C.J.:

[1]. Defendant-Appellant Albert Torres Tedtaotao appeals a final judgment following his criminal convictions for Burglary and Theft of Property in a jury trial, claiming that the trial court's numerous evidentiary errors warrant reversal of his convictions and vacating the judgment. For the reasons set forth herein, we affirm the judgment of the trial court.

I. FACTUAL AND PROCEDURAL BACKGROUND

[2]. This case arises from Tedtaotao's criminal convictions for Burglary (Second Degree Felony) and Theft of Property (Third Degree Felony, as a lesser included offense of Theft of Property as a Second Degree Felony). The conduct underlying these charges involved an early morning convenience store break-in, in which the store owner and alleged victim, Mr. Kwang Mun Yu ("Yu"), responded to an alarm notification and encountered two burglars in the act of stealing his money and property, one of whom was purportedly Tedtaotao. Tedtaotao was indicted on one count each of Burglary and Theft of Property.