People of the Territory of Guam v. John George Gentapanan

John G. Gentapanan was convicted of the misdemeanor of drunk driving in violation of Guam Government Code § 23405(a). He appeals from his conviction. Three points of criminal procedure in Guam are involved in the decision of the appeal.

Proceedings. Gentapanan first pleaded not guilty to the charge in 1983. The government filed a motion in liminine to exclude at trial any evidence as to his state of mind. A court-appointed psychiatrist had already diagnosed Gentapanan as suffering “from a mental defect which is termed borderline mental retardation.” The psychiatrist had further concluded that Gentapanan was fit and competent to be proceeded against but that his ability to understand and participate was “limited” and would “require effort and patience on the part of his counsel.”

After the government had filed its motion Gentapanan moved to be allowed to plead not guilty by reason of mental illness, disease or defect. On September 30, 1983 the Superior Court granted the government’s motion to exclude evidence as to Gentapanan’s state of mind.

On January 25, 1984 Gentapanan withdrew his plea of not guilty and entered a plea of no contest. He was accompanied by his counsel,…

concurring:

I concur in the result.

848 F.2d 992 PEOPLE OF THE TERRITORY OF GUAM, Plaintiff-Appellee, v. John George GENTAPANAN, Defendant-Appellant. No. 87-1216. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 5, 1988. Decided June 7, 1988. Howard G. Trapp, Trapp & Untalan, Agana, Guam, for defendant-appellant. Frances Tydingco-Gatewood, Asst. Atty. Gen., Agana, Guam, for plaintiff-appellee. Appeal from the United States District Court for the District of Guam. Before WALLACE, REINHARDT and NOONAN, Circuit Judges. NOONAN, Circuit Judge: 1 John G. Gentapanan was convicted of the misdemeanor of drunk driving in violation of Guam Government Code Sec. 23405(a). He appeals from his conviction. Three points of criminal procedure in Guam are involved in the decision of the appeal. 2 Proceedings. Gentapanan first pleaded not guilty to the charge in 1983. The government filed a motion in liminine to exclude at trial any evidence as to his state of mind. A court-appointed psychiatrist had already diagnosed Gentapanan as suffering "from a mental defect which is termed borderline mental retardation." The psychiatrist had further concluded that Gentapanan was fit and competent to be proceeded…