People of Guam v Jung [2001] GUSC 15; 2001 Guam 15 (5 July 2001)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM
Plaintiff-Appellee

vs.

YANSHUI JUNG
Defendant-Appellant

Supreme Court Case No. CRA00-004
Superior Court Case No. CF0381-96

OPINION

Filed: July 5, 2001

Cite as: 2001 Guam 15

Appeal from the Superior Court of Guam
Argued and submitted on February 6, 2001
Hagåtña, Guam

Appearing for the Defendant-Appellant: D. Paul Vernier, Jr., Esq. McKEOWN VERNIER PRICE MAHER Ste. 808, GCIC Bldg. 414 W. Soledad Ave. Hagåtña, Guam 96910

Appearing for the Plaintiff-Appellee: Leonardo M. Rapadas, Esq. Assistant Attorney General Office of the Attorney General Prosecution Division Ste. 2-200E, Guam Judicial Center Hagåtña, Guam 96910

BEFORE: BENJAMIN J.F. CRUZ, Chief Justice, PETER C. SIGUENZA, JR., and F. PHILIP CARBULLIDO, Associate Justices.

CARBULLIDO, J.:

[1] Defendant Yanshui Jung (AJung@) appeals from his convictions of manslaughter, attempted murder, aggravated assault, and related weapons possession special allegations. The jury found Jung not guilty of murder by reason of insanity, but guilty of manslaughter as a lesser included offense of murder. On appeal, Jung argues, inter alia, that (1) the trial court erred in failing to instruct the jury to not consider any lesser included offense if they found Jung not guilty by reason of insanity on the greater offense; (2) the trial court erred in failing sua sponte to give an instruction on diminished capacity; (3) his convictions for the lesser included offenses cannot stand because they were beyond the statute of limitations period; and (4) his sentence violated the Double Jeopardy Clause. We find that the jury's determination that Jung was not guilty by reason of insanity on the murder charge precluded a conviction on the lesser included offense (ALIO@) and therefore reverse the manslaughter conviction. Further, we find merit in Jung's argument that the trial court erred in failing to give an instruction, sua sponte, on diminished capacity, and we therefore reverse and remand for a new trial on all other charges for which he was convicted.

I.

[2] The following evidence was adduced at trial. On or about June 24, 1996, Jung had an argument with De Fa Zhang (AZhang@), a co-worker and friend, with whom he worked at a vegetable farm in Talofofo. During the course of the argument, a fight ensued and Zhang was struck with a knife and subsequently died from his injuries. After the attack on Zhang, Jung proceeded to a store located in East Agana. At the store, he confronted his employer, Xin-Tang Dong (ADong@), and struck Dong with the knife. Dong survived the attack. Jung ran to a nearby service station and told the employees to call the police so they could come and shoot him. Jung was subsequently arrested.

[3] On June 27, 1996, the grand jury returned an indictment charging Jung with Murder as to Zhang (As a First Degree Felony) with the Special Allegation of the Possession and Use of a Deadly Weapon in the Commission of a Felony; Aggravated Assault as to Dong (As a Second Degree Felony); and Attempted Murder as to Dong (As a First Degree Felony) with the Special Allegation. On July 2, 1996, Jung pleaded not guilty by reason of insanity.

[4] On September 4, 1996, Dr. James Kiffer (hereinafter ADr. Kiffer@