Borja v Bitanga [1998] GUSC 29; 1998 Guam 29 (16 December 1998)

IN THE SUPREME COURT OF GUAM

SIDNEY DULEI BORJA, ) Supreme Court Case No. CVA 97-053

) Superior Court Case No. SP0051-95

Petitioner-Appellant, )

)

vs. )

)

EDUARDO C. BITANGA, Director, )

Department of Corrections, )

)

Respondent-Appellee, )

)

MICHAEL G. LAGUANA, JR., ) Supreme Court Case No. CVA97-047

) Superior Court Case No. SP0155-97

Petitioner-Appellant, )

)

vs. )

)

EDUARDO C. BITANGA, Director )

Department of Corrections; )

GOVERNMENT OF GUAM; CARL )

T.C. GUTIERREZ, Governor of )

Guam; and TERRITORIAL PAROLE )

BOARD, Government of Guam, )

)

Respondents-Appellees, )

)

JOHN JOSEPH GOGUE, ) Supreme Court Case No. CVA97-050

) Superior Court Case No. SP077-95

Petitioner-Appellant, )

)

vs. )

)

EDUARDO C. BITANGA, Director of )

Department of Corrections. ) OPINION

)

Respondent-Appellee. )

)

Filed: December 16, 1998

Cite as: 1998 Guam 29

Appeal from the Superior Court of Guam
Submitted for Review on June 30, 1998
Hagåtña, Guam

Counsel For Petitioner - Sidney Borja: Counsel for Petitioner - Michael Laguana:

Bill R. Mann, Esq., Thomas M. Parker, Esq.

Berman, O=Connor & Mann Zamsky Law Firm

Suite 503, Bank of Guam Bldg. Suite 501, Bank of Guam Bldg.

111 Chalan Santo Papa 111 Chalan Santo Papa

Hagåtña, Guam 96910 Hagåtña, Guam 96910

Counsel For Petitioner - John Gogue: Counsel for Respondent:

Jacque Bronze, Esq., Kenneth C. Orcutt, Asst. Attorney General

Hogan & Bronze, P.C. Office of the Attorney General - Litigation

Suite 105F, Ada=s Comm. & Prof. Ctr. 2-200E Judicial Ctr.

215 Chalan Santo Papa 120 W O=Brien Dr.

Hagåtña, Guam 96910 Hagåtña, Guam 96910

PETER C. SIGUENZA, Chief Justice; JOSE I. LEON GUERRERO, Associate Justice; ROBERT J. TORRES, Justice Pro Tempore.

SIGUENZA, C.J.:

[1] Petitioners-Appellants Sidney Dulei Borja, Michael C. Laguana, and John Joseph Gogue (collectively APetitioners@) each appealed the Superior Court of Guam=s denial of Petitioners= respective petitions for Writs of Habeas Corpus. Petitioners= joined in a motion to consolidate their respective appeals, the Government stipulated to the consolidation and on December 31, 1997 the motions to consolidate were granted.

[2] This court lacks jurisdiction to consider the Petitioners= appeals from the denial of their petitions for Writs of Habeas Corpus under the court=s appellate jurisdiction but elects to treat the Petitioners= appeal as original petitions for Writs of Habeas Corpus. Based upon a review of the record and the following considerations, the petitions for Writs of Habeas Corpus are denied.

I. BACKGROUND

[3] Petitioners were each indicted on May 6, 1993 by the Territorial Grand Jury in criminal case CF0113-93 on six counts of robbery as a second degree felony and one count of kidnapping as a first degree felony with special allegations that Petitioners unlawfully used a deadly weapon during the commission of one of the robberies and during the kidnapping. Petitioner Borja was also indicted in criminal case CF0116-93 for the crimes of burglary, and robbery with a special allegation that Borja used a deadly weapon in the commission of these crimes. Borja was also indicted for possession of a firearm without an identification card.

[4]