The People of the Territory of Guam v. Pedro A.E. Manibusan, Juan P. Ignacio, Frank B. Bamba

Defendants appeal the decision of the Appellate Division of the Guam District Court reinstating an indictment dismissed by the Superior Court of Guam. Defendants argue that the indictment is insufficient in several respects and that the insufficiencies cannot be cured by amendment. We are unable to reach these issues, however, because the district court’s decision is not an appealable, final order. Accordingly, we dismiss the appeal.

FACTS AND PROCEEDINGS BELOW

Former Guam police officers were indicted for conspiracy and theft stemming from an alleged misuse of police monies and equipment. The officers were accused of conspiring to commit theft by engaging in various overt acts commencing December 1, 1976 and ending December 15, 1978. The indictment lists forty-nine overt acts, the last occurring on October 31, 1977. The officers were charged under the Guam Criminal and Correction Code which became effective January 1, 1978, replacing the former “Penal Code.”

Following various pretrial motions and a mistrial of two of the defendants, all defendants filed or joined a motion to dismiss the indictment. The Superior Court of Guam granted the motion on the grounds that “the…