People of the Territory of Guam v. Eduardo D. Iglesias

Appellant Eduardo Iglesias was found guilty of aggravated assault and of possession and use of a deadly weapon during the commission of a felony, by a jury in the Superior Court of Guam. He was sentenced to three years for the aggravated assault and to a ten-year enhancement term pursuant to the provisions of Guam Code Ann. tit. 9, § 80.37, which provides for enhancement when a deadly weapon is used in the commission of a felony. The District Court of Guam, Appellate Division, upheld the conviction and sentence, and we now affirm.

In both this appeal and the appeal to the District Court of Guam, Appellate Division, Iglesias has raised only one issue. He contends that he should not have received enhanced punishment for using a deadly weapon because the underlying felony already included the use of a deadly weapon as an element of the offense. Thus Iglesi-as claims he was illegally sentenced to the ten-year enhancement term.

Iglesias was convicted under section 19.-20(a)(3) of 9 Guam Code Annotated. Section 19.20(a) reads:

(a) A person is guilty of aggravated assault if he either recklessly causes or attempts to cause:

(1) serious bodily injury to another in circumstances…