People of Guam v Nicolas [2016] GUSC 21 (15 July 2016)

IN THE SUPREME COURT OF GUAM

THE PEOPLE OF GUAM,

Plaintiff-Appellee,

v.

ALVIN GERARD SAN NICOLAS,

Defendant-Appellant.

Supreme Court Case No.: CRA15-008
Superior Court Case No.: CF0490-10

OPINION

Filed: July 15, 2016

Cite as: 2016 Guam 21

Appeal from the Superior Court of Guam
Argued and submitted on December 9, 2015
Hagåtña, Guam

Appearing for Defendant-Appellant: F. Randall Cunliffe, Esq. Cunliffe & Cook 210 Archbishop Flores St., Ste. 200 Hagåtña, GU 96910

Appearing for Plaintiff-Appellee: Matthew S. Heibel, Esq. Assistant Attorney General Office of the Attorney General Prosecution Division 590 S Marine Corps Dr., Ste. 706 Tamuning, GU 96913

BEFORE: ROBERT J. TORRES, Chief Justice; F. PHILIP CARBULLIDO, Associate Justice; KATHERINE A. MARAMAN, Associate Justice.

MARAMAN, J.:

[1] Defendant-Appellant Alvin Gerard San Nicolas appeals from a final judgment convicting him of two counts of First Degree Criminal Sexual Conduct (“CSC”) (as a First Degree Felony), eight counts of Third Degree CSC (as a Second Degree Felony) as a lesser included offense of First Degree CSC, and one count of Second Degree CSC (as a First Degree Felony). Among other claims, the primary issue presented on appeal is one of jurisdiction. San Nicolas argues that the trial court lacked jurisdiction over proceedings resulting from a superseding^[1] indictment (“Superseding Indictment”) when this court had not yet issued a mandate in a previous appeal.
[2] For the reasons set forth below, we hold that the trial court did not have jurisdiction to accept or act on the Superseding Indictment after a notice of appeal was filed but before the mandate issued. As such, we reverse and vacate the convictions, and remand the matter to the trial court for further proceedings not inconsistent with this opinion. Our holding on the issue of the trial court’s jurisdiction precludes our need to reach the remaining issues raised on appeal.^[2]

I. FACTUAL AND PROCEDURAL BACKGROUND

[3]