Title 8, Criminal Procedure

Trial as to Others. COL120106 VERDICT OR F INDING (a) On a charge against two or more defendants jointly, if the jury cannot agree upon a verdict as to all, they may render a verdict as to the defendant in regard to whom they do agree, on which a judgment shall be entered accordi…

(a) When there is a verdict of conviction, in which it appears to the court that the jury has mistaken the law, the court may explain the reason for that opinion and direct the jury to reconsider its verdict, and if, after the reconsideration, they return the same verdict, it mus…

If the jury persist in finding an informal verdict, from which, however, it can be clearly understood that their intention is to find in favor of the defendant upon this issue, it must be entered in the terms in which it is found, and the court must give judgment of acquittal. Bu…

When the verdict given is such as the court may receive, the clerk shall record it in full upon the minutes. NOTE: Section 105.74 is new. It is substantively the same as the first portion of § 1164 of the California Penal Code, and serves the same purpose for a jury trial as form…

In a case tried without a jury the court shall make a general finding and shall in addition on request find the facts specially. Such findings shall be entered upon the minutes. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear…

A new trial is a reexamination of the issue in the same court, after a finding by the court has been given, or before another jury, after a verdict has been given. NOTE: Section 110.10 continues the substance of former § 1179 but also adds a reference to jury trials. Compare Cal.…

The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict or finding cannot be used or referred to, either in evidence or in argument or be pleaded in bar of any conviction whic…

(a) The court on motion of a defendant may grant a new trial to him if required in the interests of justice. (b) If the trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony and direc…

(a) The court on motion of a defendant shall arrest judgment if the indictment, information or complaint does not charge an offense or if the court was without jurisdiction of the offense charged. (b) The motion in arrest of judgment shall be made and determined before judgment i…

The effect of an order arresting the judgment is to place the defendant in the same situation in which he was before the indictment was found or information or complaint was filed. NOTE: Section 115.20 continues the substance of former § 1187. Compare Cal. Pen. Code § 1187. See n…

If, from the evidence on the trial, there is reason to believe the defendant guilty, and a new indictment, information or complaint can be framed upon which he may be convicted, the court may order him to be held in custody or that prior conditions for his release be continued fo…

(a) Where a general verdict is rendered or a finding by the court is made in favor of the defendant, a judgment of acquittal shall be given forthwith. (b) Except as otherwise provided by Subsection (c) and by §§ 7.28 and 7.34 of the Criminal and Correctional Code, if a judgment o…

(a) After a plea, finding or verdict of guilty against the defendant, the court shall order his detention or release as provided by § 40.85 and shall appoint a time for pronouncing judgment, which must be within 21 days after the plea, finding or verdict. (b) Notwithstanding Subs…

(a) After a plea, finding or verdict of guilty, the Court shall impose against the defendant a special assessment of One Hundred Dollars ($100.00) for any misdemeanor and Two Hundred Fifty Dollars ($250.00) for any felony offense. (b) No person may have his sentence suspended, be…

A judgment of conviction shall set forth the plea, the verdict of findings, and the adjudication and sentence. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly and the court shall order the return of …

This Article may be cited as the “DNA Profiling Act”.

(a) Any person convicted of any of the following offenses shall submit to deoxyribonucleic acid (DNA) testing for law enforcement identification purposes: (1) A violation of Chapters 25 and/or 25.01 of Title 9, Guam Code Annotated; and/or (2) A violation of Chapter 13 of Title 9,…

DNA Sampling. Reports from tests performed pursuant to § 120.202 shall be maintained by the central criminal records repository of the Criminal Records Division of the Guam Police Department.

All biological samples for DNA profile information typing that is provided to the Guam Police Department pursuant to the Guam Sex Offender Registry or this Chapter shall be submitted for analysis and entry of the resulting DNA profile into the Combined DNA Index System (CODIS), a…

(a) The Guam Police Department (GPD) shall determine the optimum operational requirements for administration of the program authorized by this Article. Such options that GPD may consider include, but not necessarily be limited to: (1) procuring the services of a third-party labor…

to Seize Property or Money. Where a verdict (or findings) contains a finding of property subject to a criminal forfeiture, the judgment of criminal forfeiture shall authorize the Attorney General to seize the interest or property subject to forfeiture, fixing such terms and condi…

Sentence Imposed. Before imposing sentence the court shall afford counsel an opportunity to speak on behalf of the defendant and shall address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of p…

After imposing sentence in a case which has gone to trial on a plea of not guilty, the court shall advise the defendant of his right to appeal and of the right of a person who is unable to pay the cost of appeal to apply for leave to appeal in forma pauperis. There shall be no du…

Same. After a judgment of conviction has been entered pursuant to § 120.18, the clerk shall deliver a certified copy of such judgment to the officer whose duty it is to execute such judgment, and no other warrant or authority is necessary to justify or require its execution. NOTE…

If the judgment requires either partial or total confinement, the defendant shall forthwith be committed to the custody of the Director of Corrections or his authorized representative and by him detained until the judgment is complied with. NOTE: Section 120.38 supersedes former …

A motion to withdraw a plea of guilty or nolo contendere may be made only before sentence is imposed or imposition of sentence is suspended; but to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw hi…

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 with…

Clerical mistakes in judgments, orders or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time and after such notice, if any as the court orders. NOTE: Section 120.50 is identical to former Rule 36. See al…

Criminal Sexual Abuse and Services to Victims of Criminal Sexual Conduct. (a) Any person convicted of criminal sexual conduct shall submit to the necessary medical examinations for determining whether such convicted person is infected with the Human Immunodeficiency Virus (‘HIV’)…

An appeal may be taken in any criminal action in which the offense charged is not a violation. NOTE: Section 130 provides certain basic provisions relating to appeals which have been conformed generally to their federal or California counterparts. These provisions can be suppleme…

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 moti…

(a) An appeal may be taken by the government from any of the following: (1) An order granting a new trial. (2) An order arresting judgment. (3) An order made after judgment, affecting the substantial rights of the government. (4) An order modifying the verdict on finding by reduc…

Favorable to Defendant. An appeal taken by the government in no case stays or affects the operation of a judgment in favor of the defendant, until judgment is reversed. NOTE: Section 130.25 is identical to former § 1242. See also Cal. Pen. Code § 1242 (same).

(a) A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is released pursuant to § 40.85. If not stayed the court may recommend to the Director of Corrections that the defendant be retained at a place of confinement within the Territory for the perio…

(a) An appeal from the Superior Court shall be taken by filing a notice of appeal with the clerk of the Superior Court within the time allowed by § 130.40. Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of …

The notice of appeal by a defendant shall be filed in the superior court within 10 days after the entry of the judgment or order appealed from. A notice of appeal filed after the announcement of a decision, sentence or order but before entry of the judgment or order shall be trea…

The record on appeal shall consist of the original papers in the trial court including any transcript of the testimony and shall be transmitted by the clerk of the trial court to the clerk of the appellate court within the time prescribed by appellate court rule.

(a) Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded. (b) Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court. NOTE: Section 130.50 is identical t…

Exceptions. Exceptions to rulings or orders of the court are unnecessary and for all purposes for which an exception has heretofore been necessary it is sufficient that a party at the time the ruling or order of the court is made or sought, makes known to the court the action whi…

The appellate court may reverse, affirm or modify a judgment or order appealed from, or reduce the degree of the offense or the punishment imposed, and may set aside, affirm or modify any or all of the proceedings subsequent to, or dependent upon, such judgment or order, and may,…

If a judgment against the defendant is reversed without ordering a new trial, the appellate court shall, if he is in custody, direct him to be discharged therefrom; or if on bail, that his bail be exonerated; or if money was deposited instead of bail, that it be refunded to the d…

If a judgment against the defendant is affirmed, the original judgment shall be enforced. NOTE: Section 130.70 is substantively the same as former § 1263, as well as California Penal Code § 1263.

When the judgment of the appellate court is given, it must be entered on the record, and a certified copy of the entry, with a copy of the opinion of the court attached thereto, forthwith remitted to the clerk of the court from which the appeal was taken.

Remittance of Judgment to Lower Court. After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the proceedings thereon, and all orders necessary to carry the judgment into effect shall be made…

Every person unlawfully imprisoned or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment or restraint. NOTE: Section 135.10 is identical to former § 1473. See also Cal. Pen. Code § 1473 (sa…

Application for the writ is made by petition to the Superior Court and signed either by the party for whose relief it is intended, or by some person on his behalf, and shall specify: (a) That the person in whose behalf the writ is applied for is imprisoned or restrained of his li…