The People of the Territory of Guam v. Gregory Junior Fejeran, A/K/A Gregory Cruz

Gregory Fejeran was convicted on two counts of murder after a jury trial in the Superior Court of Guam. He appealed unsuccessfully to the Appellate Division of the District Court of Guam. He raises the same issues on appeal to this court.

Appellant contends his trial in the Superi- or Court violated the double jeopardy clause of the fifth amendment, imposed upon Guam by the fourteenth amendment, because appellant had been put in jeopardy for the same offense in an earlier proceeding in the Juvenile Court of Guam. He also contends that the district court erred in refusing to instruct the jury on manslaughter.

I.

In Breed v. Jones, 421 U.S. 519 , 95 S.Ct. 1779 , 44 L.Ed.2d 346 (1975), the Supreme Court held a juvenile is put in jeopardy within the meaning of the fifth amendment if he is subjected to a proceeding that may result in an adjudication that he has committed criminal acts, and that may put his liberty and reputation at risk. 421 U.S. at 529, 537-38 , 95 S.Ct. at 1785, 1789-90 . The Appellate Division of the District Court of Guam held Breed inapplicable on the ground the juvenile court had no power under section 255 of the Guam Code of Civil Procedure (as amended by…