The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence. The court may reduce a sentence within one hundred twenty (120) days after the sentence is imposed, or within one hundred twenty (120) days after receipt by the court of a mandate issued upon affirmance of the judgment or dismissal of the appeal, or within one hundred twenty (120) days after entry of any order or judgment of the Supreme
Court of Guam, having the effect of upholding a judgment of conviction. COURT DECISIONS: SUPERIOR COURT, 1978. Following expiration of 120-day period set forth by statute, Superior Court is without jurisdiction to reduce sentence. People v. Santos, Sup. Ct. Cr. #142F-77 (order, _______, 1978; Abbate, P.J.) SUPERIOR COURT, 1978. The Superior Court may reduce a sentence only within 120 days after judgment. People v. Ignacio, Sup. Ct. Cr. #25F-76. (Order, 06/27/78; Abbate, P.J.) A motion to reduce a sentence legally imposed or to correct a sentence illegally imposed are both circumscribed by the 120- day period of limitation. Since this motion was brought one year after the case was affirmed by the Appellate Division, such 120-day period has expired and the motion may not be brought. People v. Lujan, Cr. #37F-79. SUPER. CT. 1982. While the defendant timely filed his motion to reduce sentence, the defendant, himself, caused a delay in hearing of the motion for more than two years. This delay, by the defendant, brings such motion to well beyond the 120-day jurisdictional period of time during which the court may act in such cases. Therefore, after this time, over two years following the original motion, the court lacks jurisdiction to hear the reduction of sentence. People v. Tropel, Cr. #110F-79. D.C. Guam App. Div: People v. Cepeda, D.C. Cr. 86-00014A (1986). "The term sentence is imposed as used in 8 GCA § 120.46 should be interpreted to mean the oral pronouncement of sentence. Therefore, the Defendant- Appellant's motion to reduce sentence was filed one day to late and the Superior Court was without jurisdiction to hear such motion." NOTE: Section 120.46 is identical to the first two sentences of former Rule 35. See also Fed. R. Crim. P. 35. See generally 8A Moore, Federal Practice &&35.01-35.04 (1974); the last sentence of former Rule 35 dealt with reduction of sentence on revocation of probation. For sentencing on revocation of probation, see § 80.66 of the Criminal and Correctional Code.