People of Guam v Angoco [2004] GUSC 10; 2004 Guam 11 (17 June 2004)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM,
Plaintiff-Appellee,

v.

MARK BAMBA ANGOCO,
Defendant-Appellant.

OPINION

Supreme Court Case No. CRA03-003
Superior Court Case No. CF0428-94

Cite as: 2004 Guam 11

Filed: June 17, 2004

Appeal from the Superior Court of Guam
Argued and submitted on October 15, 2003
Hagåtña, Guam

Appearing for Plaintiff-Appellee: Rosetta L. San Nicolas Assistant Attorney General Office of the Attorney General of Guam Suite 2-200E, Guam Judicial Center Hagåtña, Guam 96910

Appearing for Defendant-Appellant: Howard Trapp, Esq. 200 Saylor Street 139 Chalan Santo Papa Hagåtña, Guam 96910

BEFORE: F. PHILIP CARBULLIDO, Chief Justice; FRANCES M. TYDINGCO-GATEWOOD, Associate Justice, PETER C. SIGUENZA, JR., Justice Pro Tempore.[1]

TYDINGCO-GATEWOOD, J.:

[1] Defendant-Appellant Mark Bamba Angoco (AAngoco@) appeals from the trial court=s denial of his motion to dismiss his retrial. Angoco was previously tried and convicted for felony aggravated murder. However, he successfully overturned the conviction by writ of habeas corpus based upon the ineffective assistance of his original trial counsel. The People of Guam (APeople@) then sought to retry Angoco and he moved to dismiss arguing that retrial was barred by collateral estoppel and double jeopardy. The trial court denied Angoco=s motion and he appealed. We find that Angoco=s retrial will not offend collateral estoppel or double jeopardy principles and hold that Angoco may be retried for felony aggravated murder.

I.

[2] On January 18, 1995, Angoco was indicted for aggravated murder (intentional with premeditation), felony aggravated murder (with robbery as the underlying felony), robbery, and other charges. Upon submission of the evidence to the jury, the trial court failed to instruct the jury on the lesser-included offense of negligent homicide within the felony aggravated murder charge. The jury found Angoco guilty of felony aggravated murder. However, the jury acquitted Angoco of intentional and premeditated aggravated murder, the robbery charge and the remaining offenses.

[3]