People of Guam v Sangalang [2001] GUSC 18; 2001 Guam 18 (9 August 2001)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM
Plaintiff-Appellee

vs.

OSMUNDO V. SANGALANG, JR.
Defendant-Appellant

Supreme Court Case No. CRA00-003
Superior Court Case No.CF0450-99

OPINION

Filed: August 9, 2001

Cite as: 2001 Guam 18

Appeal from the Superior Court of Guam
Argued and submitted on February 5, 2001
Hagåtña, Guam

Appearing for the Defendant-Appellant: J. Basil O=Mallan III, Esq. O=MALLAN LEON GUERRERO & CALVO T.S. Tanaka Bldg. Ste. 201, Rte 4 Hagåtña, Guam 96910

Appearing for the Plaintiff-Appellee: Leonardo M. Rapadas, Esq. Assistant Attorney General Office of the Attorney General Prosecution Div. Ste. 2-200E, Judicial Ctr. Bldg. 120 W. O=Brien Dr. Hagåtña, Guam 96910

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

CARBULLIDO, J.:

[1] This is an appeal from a jury verdict convicting the Appellant, Osmundo V. Sangalang, Jr., of the offenses of Aggravated Murder and Murder and the concomitant Special Allegations of the Possession and Use of Deadly Weapon in the Commission of the respective felonies. Appellant advances four arguments on appeal, to wit: (1) that the trial court erred in admitting evidence of Appellant=s statements to the police; (2) that there was insufficient evidence of culpable mental state to sustain the convictions; (3) that there was sufficient evidence of Appellant=s mental defect to support the defense of insanity; and (4) that the trial court failed to charge the jury, sua sponte, with an instruction for the defense of diminished capacity. We find that these arguments lack merit and affirm the convictions.

I.

[2] On September 2, 1999, the Superior Court Territorial Grand Jury returned an indictment charging the Appellant (hereinafter ASangalang@) with two counts of Aggravated Murder, as a first degree felony and pursuant to Title 9 GCA ' 16.30(a)(1) and (b).[1] Included in the indictment were Special Allegations of the Possession and Use of a Deadly Weapon in the Commission of a Felony, pursuant to 9 GCA ' 80.37. The victims of the homicide were Sangalang=s wife Elaine M. Sangalang (hereinafter AElaine@) and Jun Velasco (hereinafter AVelasco@).

[3] Sangalang and Elaine were married in 1977 and remained so until her death on July 14, 1999. Sometime during 1996, Elaine and Velasco became involved in an affair, and, despite their attempts to conceal the fact, Sangalang became aware of the affair. As the affair continued, Sangalang became increasingly withdrawn and depressed. Sangalang lost weight and had trouble at work due to excessive absences and poor performance.

[4] On July 14, 1999, Sangalang and Elaine had plans to meet; however, he discovered that she was at Velasco=