Supreme Court finds flaw in indictment, reverse man's conviction - KUAM.com-KUAM News: On Air. Online. On Demand.

Supreme Court finds flaw in indictment, reverse man's conviction

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by Mindy Aguon

Guam - The Supreme Court of Guam has reversed and vacated the conviction of Alvin Gerard San Nicolas. He was convicted of 16 counts of criminal sexual conduct for sexually assaulting a female minor repeatedly while her mother was deployed and forcing her to smoke methamphetamine. 

During jury selection, the trial court discovered a mistake in the indictment.  Supreme Court justices found the lower court erred by ordering the government to amend the indictment, essentially creating different and new charges against San Nicolas that were not found by the grand jury. 

The convictions were reversed and vacated and the matter was remanded to the lower court.

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