An appeal may be taken by the defendant: (a) From a final judgment of conviction. The commitment of a defendant by reason of mental illness, disease or defect shall be deemed to be a final judgment of conviction within the meaning of this Section. (b) From an order denying a motion for a new trial.
(c) From any order made after judgment, affecting the substantial rights of the defendant. (d) Pursuant to § 40.80. (e) From a judgment of conviction upon a plea of guilty or nolo contendere, where the defendant has filed with the trial court a written statement, executed under oath of penalty of perjury showing reasonable constitutional, jurisdictional or other grounds going to the legality of any proceedings held in this case under § 65.15(c) of this Code and the trial court has executed and filed a certificate of probable cause for such appeal with the District Court. SOURCE: Added by P.L. 15-94:3, effective 01/17/80. COURT DECISIONS: SUPERIOR COURT, 1978. Superior Court of Guam lacks jurisdiction over a case during the pendency of an appeal. People v. Botelho, Sup. Ct. Cr. #98F-78. (Decision and Order, 12/18/78; Abbate, P.J.). People v. Aquiningoc, Sup. Ct. Cr. #20F-77. (Decision and Order, 01/15/79; Abbate, P.J.) C.A.9, 1972. The denial of a motion to dismiss an indictment is not a final order which could be appealed and, therefore, the appeal was dismissed. [Case decided under former Penal Code of Guam.] [See 28 U.S.C. § 1291.] People v. Lefever, 454 F.2d 270 (1972) NOTE: Subsection (e) of § 130.15, permitting a defendant to appeal a judgment of conviction [a final judgment] based upon a plea of guilty or nolo contendere was added as a compromise by the Legislature when the Legislature removed the right of a defendant to have reviewed before trial the various questions raised by § 65.15 of this Title. It was felt that this Section was needed to permit a defendant to appeal a plea of guilty or Anolo@ which was based upon the refusal of the court to grant a prior motion of the defendant to suppress evidence against him. This Section was not intended to give the defendant a right of appeal if he had not raised the objection where proper pursuant to § 65.15. On the other hand, Subsection (e) expresses the Law Revision Commission's belief that a defendant should have a right to have a suppression decision rendered against him reviewed by an appellate court. However, to expedite the criminal process, such review is to take place only upon conviction. Subsection (e) does not affect appeals from a final judgment of conviction, which may be upon any grounds proper to the case.