Gill

Per Curiam Opinion; Concurrence by Judge Reinhardt.

Francis L. Gill appeals the Appellate Division of Guam’s denial of a writ of mandamus compelling dismissal of criminal charges against him for violation of Guam’s speedy trial statute. We conclude that, although mandamus is an appropriate remedy for alleged statutory speedy trial violations, the trial court did not abuse its discretion in denying the motion.

I

In 1991, Gill was indicted in the Superior Court of Guam for conspiracy to steal government land. At the time of his arraignment, he waived his right to a speedy trial and agreed to allow a trial setting beyond the sixty days required by Guam statute. He moved the Superior Court to dismiss the indictment as violative of the Double Jeopardy Clause because a previous trial for conspiracy had included the same charge. The trial court granted Gill’s motion. The government appealed the order to the Appellate Division of the District Court of Guam (“Appellate Division”). The Appellate Division reversed. Gill appealed, and we affirmed the Appellate Division. The mandate was issued by the Appellate Division on October 25,1995 and received by the Superior court on October 30,…

concurring:

I agree with the majority that mandamus is the appropriate remedy for the denial of the right to a speedy trial in a case of this nature. I also agree that the Guam appellate court properly denied Gill’s petition for a writ of mandamus. Finally, I agree that both Gill’s motion to dismiss and his petition for a writ of mandamus were premature.

Following his remand from the Guam Appellate Division, Gill invoked his speedy trial rights on February 21, 1996. The majority appears to be correct that Gill’s earlier waiver of his speedy trial rights in connection with his double jeopardy motion remained effective until that date. Therefore the earliest time at which a violation of the statute could have occurred was sixty-one days later, April 23. Both Gill’s motion and petition were filed before that date and were therefore premature. Accordingly, I concur in the majority’s conclusion that the court did not abuse its discretion in denying them.

Under § 80.60(b)(3) of the statute, an indictment on which a trial commences beyond the sixty-day period shall not be dismissed if good cause is shown for the delay. 8 G.C.A. § 80.60(b)(3). Delay “caused by the conduct of the…