The People of the Territory of Guam v. Francisco A. Sablan

Caution
584 F.2d 340·1978 U.S. App. LEXIS 8366
United States Court of Appeals for the Ninth CircuitOctober 18, 197878-1662California679 words

Opinion

Opinion

Duniway, J.

Sabían was convicted of murder in the first degree — a killing in the course of a robbery — , burglary, and assault with a deadly weapon. He was sentenced to life imprisonment for the murder, 15 years for the burglary, and 10 years for the assault, all sentences being concurrent. He was charged with “killing a human being, . by shooting, during the perpetration of a felony, to wit: Robbery ... in violation of Section 189, and punishable under Section 190 ... of the Penal Code of Guam.”

Section 189 provides:

Degrees of murder. All murder . which is committed in the perpetration or attempt to perpetrate . . . robbery is murder of the first degree

Section 190 provides that the punishment of murder of the first degree is “confinement in prison for life.”

The evidence was that Sabían and two others planned a burglary and robbery. Sa-bían drove the others to the home of the victims. The two others entered the home. When the victims arrived and were confronted by the two would-be robbers, one of the victims drew a gun. He was shot and killed and a female with him was shot and wounded. The two robbers fled, Sabían driving the getaway car.

Sabían argues that the punishment prescribed…

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