The People of the Territory of Guam v. Joseph Mendiola Quidachay

Joseph Mendiola Quidaehay appeals from the judgment of the district court of Guam affirming his conviction by the superior court of Guam of robbery and of criminal sexual conduct in connection with the robbery. In a memorandum decision filed simultaneously with this opinion we address most of the issues raised by his appeal. This opinion deals only with his contention that 9 Guam Code § 25.15(a) does not cover his criminal sexual behavior. Holding that it does, we affirm his conviction.

FACTS AND PROCEEDINGS

According to the testimony of the employee of the business being robbed on August 20, 1993, a man entered the office, pointed a gun at her, and asked for money. He then instructed her to remove her clothes and to finger herself by inserting her finger in her vagina. Quidaehay was subsequently identified as the robber and convicted both of robbery and of criminal sexual conduct in violation of 9 Guam Code § 25.15(a). The district court of Guam affirmed his conviction.

Quidaehay appeals.

ANALYSIS

9 Guam Code § 25.15(a) reads:

9 Guam Code § 25.10(a)(9) defines sexual penetration:

Quidaehay argues that he did not “engage in sexual penetration with the victim”; that the…