People of Territory of Guam v. Benjamin Meno Muna

Benjamin Meno Muna appeals the judgment of the Appellate Division for the District Court of Guam affirming his jury conviction in the Guam Superior Court for robbery, attempted robbery and criminal sexual assault. Muna contends that the Guam Superior Court made a variety of legal errors both prior to and during his trial. The Appellate Division had jurisdiction under 48 U.S.C. § 1424-3 (b). We have jurisdiction under 48 U.S.C. § 1424-3 (c), and we affirm.

I.

FAILURE TO DISMISS THE INDICTMENT

Muna argues that the trial court erred by failing to dismiss the indictment against him on the ground that the prosecutor failed to present certain exculpatory evi dence to the grand jury, in violation of 8 Guam Code Ann. § 50.46 . Specifically, Muna contends that the prosecutor failed to inform the grand jury of (1) a photographic lineup in which the victims were unable to identify Muna, and (2) an initial alibi he gave police during his interrogation. .

The Guam statute upon which Muna relies, 8 Guam Code Ann. § 50.46 , provides: “The grand jury shall receive only evidence presented to it by the prosecuting attorney but the prosecuting attorney shall submit any evidence in his possession…