People of Guam v Mateo [2017] GUSC 22 (28 December 2017)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM,
Plaintiff-Appellee,

v.

FAUSTINO JAMES FEJERAN MATEO,

Defendant-Appellant.

Supreme Court Case No.: CRA15-036
Superior Court Case No.: CF0632-14

OPINION

Filed: December 28, 2017

Cite as: 2017 Guam 22

Appeal from the Superior Court of Guam
Argued and submitted on August 11, 2016
Hagåtña, Guam

Appearing for Defendant-Appellant: William Benjamin Pole, Esq. Law Office of Gumataotao & Pole San Ramon Bldg. 115 San Ramon St., Ste. 301 Hagåtña, GU 96910

Appearing for Plaintiff-Appellee: Joseph B. McDonald, 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.^[1]

MARAMAN, J.:
[1] Defendant-Appellant Faustino James Fejeran Mateo appeals from a final judgment of conviction, which was entered following a jury trial where he was found guilty of one count of Possession of a Schedule II Controlled Substance With Intent to Deliver (as a First Degree Felony) and one count of Possession of a Schedule II Controlled Substance (as a Third Degree Felony). For the reasons set forth below, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

[2] Mateo was operating a motor vehicle near the House of Liberty Game Room in Barrigada when Guam Police Department (“GPD”) Officers Benny T. Babauta and Aaron Brown pulled his vehicle over. During the traffic stop, Officer Babauta found a hunting knife in the vehicle, which prompted him to search Mateo’s person. During this search, Officer Babauta found a pouch containing what Mateo said were two “ice pipes” and a plastic bag containing smaller bags full of what the officers believed to be “ice,” the street name for crystal methamphetamine. Transcripts (“Tr.”) at 47-49 (Jury Trial, Aug. 31, 2015).
[3] After being advised of his rights, Mateo told the officers he wanted to cooperate with GPD’s narcotics unit, which Officer Babauta understood to mean that Mateo wanted to “give information to take down other people.” Id.