Guam § 120 - Correcting or Lowering Sentence: Times.

§ 120. Correcting or Lowering Sentence: Times.

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

COL11/30/2021

CH. 120 JUDGMENT & SENTENCE

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.