People of Guam v White [2005] GUSC 20; 2005 Guam 20 (14 November 2005)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM,
Plaintiff-Appellee,

v.

JACKERY B. WHITE,
Defendant-Appellant.

Supreme Court Case No.: CRA04-001
Superior Court Case No.: CF0065-93

OPINION

Filed: November 14, 2005

Cite as: 2005 Guam 20

Appeal from the Superior Court of Guam
Submitted on January 14, 2005
Hagåtña, Guam

For Plaintiff-Appellee: Lewis W. Littlepage Asst. Attorney General Office of the Attorney General 287 West O’Brien Dr. Hagåtña, Guam 96910

For Defendant-Appellant: Jackery B. White, Pro Se Department of Corrections P.O. Box 3236 Hagåtña, Guam 96932

BEFORE: F. PHILIP CARBULLIDO, Chief Justice; ROBERT J. TORRES, JR., Associate Justice; ALEXANDRO C. CASTRO, Justice Pro Tempore.

TORRES, J.:
[1] Respondent-Appellant Jackery B. White, pro se, appeals from the trial court’s denial of his post-conviction Motion to Dismiss Grand Jury Indictment and request for counsel.

[2] We hold that, first, White waived objection to the institution of the prosecution and defects in the indictment by failing to raise the issues in a pre-trial motion or show cause; and secondly, the trial court did not err in denying White’s request for counsel.

I.

[3] This court has jurisdiction over the instant matter pursuant to 48 U.S.C. 1424-1(a)(1) (Westlaw through Pub. L. 109-76 (2005)) and Title 8 GCA § 130.15 (Westlaw through Guam Pub. L. 28-037 (2005)).

II.

[4] White was arrested and incarcerated in 1986 for the crimes of robbery and burglary.^[1] While incarcerated, White allegedly heard the admissions of another inmate and became an informant for the government in a murder case. White was released on bond pending resolution of the cases.

[5] On October 19, 1989, the Guam Legislature passed Public Law No. 20-111:2, now codified as Title 9 GCA § 80.37.5 (Westlaw through Guam Pub. L. 28-037 (2005)). Subsection (a) of this statute authorizes the imposition of a sentence enhancement for the commission of a felony while on release for felony charges. Title 9 GCA § 80.37.5(a).

[6] In March of 1993, while the 1986 robbery and burglary charges were still pending, White was arrested for robbery in two new cases. The indictments in those cases contained a special allegation of felon-on-release pursuant to Title 9 GCA § 80.37.5.

[7]