Establishment of Prior Convictions

For the purpose of establishing prima facie evidence of the fact that a person charged with a crime has previously been convicted of another crime in this Territory, or in any state, territory, or insular possession of the United States, which would be punishable as a crime in this Territory, or has been convicted of an act declared to be a crime by any act or law of the United States, and has served a term therefor in any penal institution, the records or copies of records of the penal institution, in which such person has been imprisoned when such records or copies thereof have been certified by the official custodian of such records, may be introduced as such evidence. NOTE: Section 95.15 continues the substance of former § 969b. Compare Cal. Pen. Code § 969b. See § 95.75 (proof of official records). This Section is not intended to limit other means of proof of prior convictions, Guam Code Civ. Proc. §§ 1902 (evidence of laws of any state), 1904-1905 (proof of judicial records), 1918 (proof of official documents), nor does it imply that the person must in all cases have served a prison term before a prior conviction may be considered in sentencing i.e., conviction, not service of a prison term is required under §§ 80.38 and 80.40 of the Criminal and Correctional Code. See 9 GCA § 80.44.