Any felony together with any related misdemeanor shall be prosecuted by indictment, or, if indictment is waived, or a preliminary hearing held and an order issued holding the defendant to answer under § 45.80 of this Code, it may be prosecuted by indictment or by information. Any other offense shall be prosecuted by complaint. SOURCE: Amended by P.L. 15-094:1 (Jan. 17, 1980), effective Jan. 17, 1980. COURT DECISIONS: C.A.9 The Elected Governor Act (48 U.S.C. § 1421b[u]) which extended the 5th Amendment of the U.S. Constitution to the territorial government of Guam, did not make grand jury indictments mandatory in the prosecution of “infamous crimes” by the territorial government. People v. Inglett 417 F.2d 123 (1969). SUPER. CT. 1983 On Guam, § 1.15 of Title 8 is not unconstitutional because there is no generally-recognized right to a preliminary hearing once a grand jury has handed down an indictment showing probable cause against the defendant. California's contrary ruling is based solely upon an interpretation of the laws and constitution of California and, since § 1.15 is not taken from California, Guam declines to follow California in this regard. People v. McGravey, Cr. #100F-82; People v. Snyder, Cr. #126F-82. COMMENT: § 1.15, as amended by P.L. 15-094 (Jan. 17, 1980), alters the procedure to be used in initiating the accusatory pleading. As before [Criminal Rule 7], an indictment is required for a felony if not waived by the defendant. However, under this Section as amended, all related misdemeanors are treated along with the felony charges, i.e. prosecuted by indictment or by information. A substantial change requires that all misdemeanors be prosecuted by complaint, usually accompanied by the appropriate affidavit. See 8 GCA § 55.35. Joinder of Offenses; 8 GCA Chapter 45. First Appearance and Preliminary Examination. In cases of misdemeanors and lesser offenses, no indictment or information is generally required or permitted. Prosecution is by complaint. The only probable cause determination required in such cases is that made by the court when it issues a warrant or summons, or that made before the initial appearance. (See 8 GCA §§ 15.20, 15.30, and 45.20).
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The amendment made by P.L. 15-094 (Jan. 17, 1980) permitted the original intent of the Law Revision Commission by adding the phrase “or a preliminary hearing held and an order issued holding the defendant to answer under § 45.80 of this Code, ...” Prior to this amendment, the Superior Court was requiring not only a preliminary hearing but an indictment following the preliminary hearing, thus requiring two probable cause hearings in felony cases. The Commission never intended this result and, therefore, the Legislature amended this Section to provide only one preliminary hearing on probable cause. Now, if a preliminary hearing has been held, an information may be filed. An indictment is no longer required in such instances.