9 GCA § 80.39
2
View official PDF ↗Exceptions. Section 80.39.1 of this Article shall not apply if the court finds that:
(a)the individual has a conviction for the same offense during the ten (10)-year period prior to the commission of the offense;
(b)the individual intentionally uses a firearm in a manner that causes physical injury during the commission of the offense; or
(c)the individual was the leader, manager, or supervisor of others in a continuing criminal enterprise.
(d)the individual was convicted of criminal sexual conduct in the first or second degree pursuant to 9 GCA §§ 25.15 or 25.20.
(e)the individual was convicted of any crime involving § 67.401.1(a) of Article 4, Chapter 67 of this Title.
§ The story of this section
- Enacted by P.L. 33-22 § 2 — introduced as Bill 14-33 · introduced by Tina Rose Muna Barnes + 2 cosponsorsWatch the public hearing · Feb 6, 2015
- Enacted by P.L. 36-17 § 1 — introduced as Bill 8-36 · introduced by V. Anthony Ada + 4 cosponsorsWatch the public hearing · Feb 25, 2021
- Enacted by P.L. 37-113 § 2 — introduced as Bill 239-37 · introduced by Chris Barnett + 12 cosponsorsWatch the public hearing · Apr 1, 2024
Interpreted by the courts:
- 2018 Guam 24 — People of Guam, Plaintiff-Appellee, v. David Q. Manila, Defendant-Appellant, Anthony T. Quenga and Song Ja Cha, Defendan (2018) · per Katherine A. Maraman, J. · cited at ¶3
- 2019 Guam 1 — The People of Guam, Plaintiff-Appellee, v. James Nicholas Corpuz, Defendant-Appellant (2019) · per F. Philip Carbullido, J. · cited at ¶41
- 2020 Guam 17 — People of Guam, Plaintiff-Appellee, v. Charley Wia, aka Charlie Wia, aka John Mirah, aka Tom Tom, aka Jeremy Ludwig, aka (2020) · per Katherine A. Maraman, J. · cited at ¶49
- 2022 Guam 15 — People of Guam, Plaintiff-Appellee/Cross-Appellant, v. Renato Capili Bosi, Defendant-Appellant/Cross-Appellee (2022) · per F. Philip Carbullido, J. · cited at ¶12
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.