PEOPLE of the Territory of Guam, Plaintiff-Appellee, v. Pedro D. MATERNE, Defendant-Appellant

We must decide whether a sentence was properly amended to include a three-year general parole term and a consecutive three-year special parole term.

I

Materne pleaded guilty to manslaughter ( 9 Guam Code Ann. § 16.40 ) and possession and use of a deadly weapon in the commission of a felony ( 9 Guam Code Ann. § 80.37 ). On October 15, 1981, the Guam Superior Court orally sentenced Materne to eight years imprisonment on the manslaughter count. On the deadly weapon count, the court added the mandatory minimum sentence of five years imprisonment and three years of special parole pursuant to 9 Guam Code Ann. § 80.37 . The written judgment issued days later confirmed such sentence, with the exception that it failed to mention the special parole term. The judgment also indicated that Materne was to serve the five-year term on the deadly weapon count first.

Just before Materne completed his prison terms, a parole officer informed the Guam Superior Court that the judgment failed to mention the special parole term. On November 9, 1993, four days before Materne’s scheduled release from prison, the Superior Court heard arguments regarding the amendment of the original written…