People of the Territory of Guam v. Bobby G. Marquez

Bobby Marquez was convicted by a jury in the Superior Court of Guam of the crimes of aggravated assault and possession and use of a deadly weapon in the commission of a felony, in violation of the law of the Territory of Guam. He appealed from his conviction to the Appellate Division of the District Court of Guam. The Appellate Division affirmed. He now appeals from the adverse decision of the Appellate Division of the District Court of Guam. He seeks reversal of the judgment of conviction on the ground that the trial judge refused, over objection, to give the jury oral instructions on the elements of the crimes charged against him and the definitions of the terms used in a description of the charge.

We reverse because we conclude that the failure of a trial court to instruct the jury orally makes it impossible for an appellate court to determine from the record whether each juror was aware of the elements of each crime before the verdict was rendered.

PERTINENT FACTS

After counsel completed their closing arguments, the court proceeded to read certain of the instructions to the jury. After orally defining reasonable doubt, the court passed out written instructions setting forth…