The People of the Territory of Guam v. Pito Quinata Cruz

Pito Quinata Cruz (Cruz) appeals from the order of the Appellate Division of the United States District Court for the District of Guam (Appellate Division) that affirmed the Superior Court of Guam’s (Superior Court) denial of his motion to dismiss his indictment. We have jurisdiction to hear this appeal. 48 U.S.C. § 1424-3 (c) (Supp. V 1987); Guam v. Quezada, 905 F.2d 263, 264 (9th Cir.1990). Because we find that the Superior Court’s denial of Cruz’s motion was not immediately appeal-able, we remand to the Appellate Division with instructions to dismiss for lack of jurisdiction.

FACTS

Cruz was charged with two counts of aggravated assault, one in the second degree and one in the third degree. Evidence was presented to a Guam territorial grand jury that Cruz struck the victim, Frank Cruz, until he became unconscious and fell to the floor. Thereafter, Cruz kicked the victim several times. Evidence was also presented to the grand jury by the prosecutor that Cruz acted in self-defense. Submission of this evidence was required under 8 Guam Civ.Code § 50.46. Section 50.-46 provides:

Guam Civ.Code § 50.46 (1985).

The prosecutor presented a written statement to the grand jury that…