Martin Castro Aldan v. Ricardo A. Salas, Director, Department of Corrections, Government of Guam

Pursuant to 28 U.S.C. § 2254 , the petitioner seeks habeas corpus relief from his five year imprisonment imposed in absentia by the Superior Court of Guam. The district court denied the writ. We vacate that judgment and remand with directions to dismiss the petition for failure of the petitioner to exhaust territorial remedies.

On July 1, 1980 in the Superior Court of Guam, petitioner Aldan pled guilty to three counts of burglary. He had been held in custody but escaped before his sentencing date of July 20, 1981. Over his counsel’s protest, Aldan was sentenced in absentia on that date to five years imprisonment.

He was apprehended shortly thereafter, and on August 14,1981, the territorial prosecutor moved the court to resentence him. It is not disputed by the Territory that the sentence of Aldan imposed in absentia violates § 1.13 of the Guam Code of Criminal Procedure. However, the superior court refused to resentence him. Aldan did not appeal his conviction.

On December 16, 1981, the petitioner filed a writ of habeas corpus with the Superior Court on the ground that his sentence was illegally imposed. The petition was denied and Aldan did not appeal to the Appellate Division…