If, when a person has been convicted of an offense, the court, having regard to the nature and circumstances of the offense and to the history and character of the offender, is of the view that it would be unduly harsh to sentence the offender in accordance with the code, the court may enter judgment for a lesser included offense and impose sentence accordingly.
ARTICLE 2 IMPRISONMENT
2014 NOTE: This article has undergone extensive amendment since its original enactment and codification. See 2014 Note, Title 9, Chapter 1. P.L. 23-058:3 and 4 (Dec. 5, 1995) added 9 GCA §§ 80.30.1 and 80.31.1, respectively, relative to mandatory sentencing re methamphetamine. P.L. 24-149:2 (Mar. 25, 1998) effected a complete reenactment of Title 9, Chapter 67, Uniform Controlled Dangerous Substances Act, and simultaneously repealed 9 GCA §§ 80.33, and 80.33.1-80.33.10. P.L. 26-125:8 (Sept. 4, 2002) repealed § 80.33.11-§ 80.33.13 “to allow for the effective implementation of therapeutic drug courts on Guam.” In light of these amendments and repeals, and in accordance with the authority granted by 1 GCA § 1606, the Compiler of Laws removed the following sections from the GCA: 80.30.1, 80.31.1, 80.33, and 80.33.1-80.33.13; and renumbered other provisions in this article.