People of the Territory of Guam v. David Teixeira

Appellant David Teixeira appeals his conviction on three counts of delivery of a controlled substance in violation of 9 Guam Code Annotated (G.C.A.) § 67.50(a)(1) (1977), after the trial court denied his motion for a jury trial on his defense of entrapment. Teixeira contends that Guam law requiring the submission of the entrapment defense to the trial judge deprived him of his sixth amendment right to trial by jury. We disagree and affirm.

FACTS

On April 7, 1983, Teixeira was indicted on three counts of Delivery of a Controlled Substance in violation of 9 G.C.A. § 67.50(a)(1). The trial court denied Teix-eira’s pre-trial demand for a jury trial on all issues including the defense of entrapment, and the case was tried to a jury on the general issue of guilt or innocence. Although some evidence pertaining to the entrapment defense was heard in the presence of the jury, additional evidence was presented to the court separately after the close of the jury trial but before deliberations had begun. The court ruled that no entrapment had occurred, and submitted the case to the jury, which found Teixeira guilty on all counts. Sentenced to ten years, Teixeira appealed to the United…