People of Guam v Yingling [2009] GUSC 11; 2009 Guam 11 (4 November 2009)

IN THE SUPREME COURT OF GUAM

THE PEOPLE OF GUAM,
Plaintiff-Appellee,

V

GERALD P. YINGLING,
Defendant-Appellant.

Supreme Court Case No. CRA08-006
Superior Court Case No. CF0454-03

OPINION

Filed: November 4, 2009

Cite as: 2009 Guam 11

Appeal from the Superior Court of Guam
Submitted on Appellant’s Brief, September 24, 2008
Hagåtña, Guam

For Plaintiff-Appellee: Jeffrey A. Moots Assistant Attorney General Office of the Attorney General of Guam Prosecution Division 287 W. O’Brien Drive Hagåtña, Guam, 96910

For Defendant-Appellant. F. Randall Cunliffe, Esq. Cunliffe & Cook, PC 210 Archbishop Flores Street Hagåtña, Guam 96910

BEFORE: ROBERT J. TORRES, Chief Justice; RICHARD H. BENSON, Justice Pro Tempore; MIGUEL S. DEMAPAN, Justice Pro Tempore.

TORRES, CJ:

[1] Defendant-Appellant Gerald P. Yingling appeals from a final judgment of conviction of two criminal counts: Fraudulent Use of a Credit Card (As a Felony) and Official Misconduct (As a Misdemeanor). He asserts the trial court erred in denying his motion for acquittal on the grounds that each conviction was supported by insufficient evidence. The People of Guam ("Government") did not file a brief opposing Yingling’s appeal, instead conceding in a letter addressed to the Clerk of the Supreme Court that the evidence at trial was insufficient to support Yingling’s convictions. After an independent examination of the law and the record on appeal, we agree that the evidence presented at trial was insufficient to support Yingling’s convictions, and that the trial court erred in not granting the motion for acquittal. Accordingly, we reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND

[2] Gerald P. Yingling was the Executive Manager of the Guam International Airport Authority (GIAA) between May 1998 and early January 2002. Transcripts ("Tr."), at 20 (Trial, Mar. 2, 2005). As part of his official responsibilities, Yingling was tasked with entertaining foreign airlines officials whose business GIAA sought to recruit. Id. at 23. The GIAA Board of Directors issued Yingling a credit card in 1999 to use on official business, both abroad and in Guam. Id. at 14; Gov’t’s Ex. 6 at 5 (Minutes Board of Directors Mtg., July 29, 1999). This case involves two criminal convictions arising from Yingling’s alleged use of the GIAA credit card to obtain property or services not related to official GIAA business.