Guam § 67 - 8. Establishing Previous Convictions.

§ 67. 8. Establishing Previous Convictions.

(a) [No text]

(1) No person who stands convicted of an offense under §§ 67.401.1 - 67.401.3 or §§ 67.402 -

67.408 or §§ 67.410 - 67.412 of this Act shall be sentenced to increased punishment by reason of one

(1) or more prior convictions unless, before trial or before entry of a pleas of guilty, the Attorney

General files an information with the Court, and serves a copy of such information on the person or

counsel for the person, stating the previous conviction to be relied upon. Upon a showing by the

Attorney General that facts regarding prior convictions could not by due diligence be obtained prior

to trial or before entry of a plea of guilty, the Court may postpone the trial or the taking of the plea of

guilty for a reasonable period for the purpose of obtaining such facts. Clerical mistakes in the

information may be amended at any time prior to the pronouncement of sentence.

(2) An information may not be filed under this Section if the increased punishment which may be

imposed is imprisonment for a term of excess of three (3) years, unless the person either waived or

was afforded prosecution by indictment for the offense for which such increased punishment may be

imposed.

(b) If the Attorney General files an information under this Section, the Court shall after conviction,

but before pronouncement of sentence inquire of the person with respect to whom the information was filed

whether he affirms or denies that he has been previously convicted as alleged in the information, and shall

inform him that any challenge to a prior conviction which is not made before sentence is imposed may not

thereafter be raised to attach the sentence.

(c) [No text]

(1) If the person denies any allegation of the information of prior conviction or claims that any

conviction alleged is invalid, he shall file a written response to the information. A copy of the response

shall be served upon the Attorney General. The Court shall hold a hearing to determine any issues

raised by the response which would except the person from increased punishment. The failure of the

Attorney General to include in the information the complete criminal record of the person or any facts

in addition to the convictions to be relied upon shall not constitute grounds for invalidating the notice

given in the information required by § 67.401.8(a)(1). The hearing shall be before the Court without a

jury and either party may introduce evidence. Except as otherwise provided in § 67.401.8(c)(2), the

Attorney General shall have the burden of proof beyond a reasonable doubt on any issue of fact. At

the request of either party, the Court shall enter findings of fact and conclusions of law.

(2) A person claiming that a conviction alleged in the information was obtained in violation of

applicable provisions of the Constitution of the United States or the Organic Act of Guam shall set

forth his claim and the factual basis therefore with particularity in his response to the information. The

person shall have the burden of proof by a preponderance of the evidence on any issue of fact raised

by the response. Any challenge to a prior conviction not raised by response to the information before

an increased sentence is imposed in reliance thereon shall be waived, unless good cause be shown for

failure to make a timely challenge.

(d) [No text]

COL 2024-12-05

(1) If the person files no response to the information or if the court determines, after hearing, that

the person is subject to increased punishment by reason of prior convictions, the Court shall proceed

to impose sentence.

(2) If the Court determines that the person has not been convicted as alleged in the information,

that a conviction alleged in the information is invalid, or that the person is otherwise not subject to an

increased sentence as matter of law, the Court shall, at the request of the Attorney General, postpone

sentence to allow an appeal from that determination. If no such request is made, the Court shall impose

sentence. The person may appeal from an order postponing sentence as if sentence had been

pronounced and a final judgment of conviction entered.

(e) No person who stands convicted of an offense under §§ 67.401.1 - 67.401.3 or §§ 67.402 - 67.408

or §§ 67.410 - 67.412 of this Act may challenge the validity of any prior conviction alleged under this

Section which occurred more than five (5) years before the date of the information alleging such prior

conviction.

2024 NOTE: The Compiler has added “no text” to indicate a change in formatting only; the content of the provision

has not been altered.