People of the Territory of Guam v. Alvin S.N. Cruz
Opinion
Opinion
Noonan, J.
Alvin Cruz was convicted of robbery in the first degree and sentenced to 14 years in prison. The Appellate Division of the District Court of Guam affirmed his conviction. He now appeals to this court. We affirm his conviction.
FACTS
Cruz and John Ignacio, his co-defendant, approached Thomas J. Meyers, stuck a knife in his back and told him that if he did not produce money he would be killed. They then threw Meyers down and Cruz kicked him in the face and jumped on his ribs. They did obtain money from Meyers.
Cruz and Ignacio then robbed David J. Jacobs at knifepoint and placed him beneath the rear wheel of the right side of a pickup truck. They kicked him in the face as he lay under the car wheel.
The defendants, Cruz, Ignacio and a third man, Joseph S. Quidachy, were subsequently indicted in the following terms:
At the trial the attention of the court was directed to the Guam statute on robbery, which reads as follows:
CHAPTER 40. ROBBERY
§ 40.10.(a) A person is guilty of robbery in the first degree if, in the course of committing a theft, he:
Under this statute there are two ways of committing first degree robbery. Under (a)(1) one commits robbery by attempting to kill…