The People of the Territory of Guam v. George Taisipic

ORDER

The request for publication of the memorandum disposition filed February 26, 1988 is granted. Accordingly, pursuant to Circuit Rule 36-4, the attached opinion is ordered filed as the decision of the court, nunc pro tune, February 26, 1988.

OPINION

George Taisipic appeals the district court’s denial of his motions to correct an illegal sentence and to reduce his sentence. Taisipic contends the Superior Court for the Territory of Guam committed reversible error when it imposed consecutive sentences on two separate and distinct criminal actions in the same judgment order. This disposition is limited to that issue alone. We reverse and remand for resen-tencing.

I

The question presented is whether Title 9, Guam Code Annotated, § 80.10(b), as construed by the Ninth Circuit in People v. Garrido, 752 F.2d 1378 (9th Cir.1985), renders the defendant’s sentence invalid. Section 80.10(b) provides:

The parties agree that this case does not fall into any of the enumerated exceptions of § 80.10(b). 9 Guam Code Ann. § 80.10 (b) (1982)

Taisipic pleaded guilty in the Superior Court of Guam on January 9, 1985 to offenses contained in two separate informa-tions. The separate informations…