People of Guam v Song [2011] GUSC 17; Guam 19 2011 (24 October 2011)

IN THE SUPREME COURT OF GUAM

THE PEOPLE OF GUAM,
Plaintiff-Appellee,

v.

JIMMY CHIN SONG,
Defendant-Appellant.

Supreme Court Case No. CRA11-004
Superior Court Case No. CF0329-11

OPINION

Filed: October 24, 2011

Cite as: 2011 Guam 19

Appeal from the Superior Court of Guam
Argued and submitted July 26, 2011
Hagåtña, Guam

Appearing for Defendant-Appellant: F. Randall Cunliffe, Esq. Cunliffe & Cook, PC 210 Archbishop F.B. Flores St. Hagåtña, GU 96910

Appearing for Plaintiff-Appellee: Jonathan R. Quan, Esq. Office of the Attorney General 287 W O'Brien Dr. Hagåtña, GU 96932

BEFORE: F. PHILIP CARBULLIDO, Chief Justice; ROBERT J. TORRES, Associate Justice, KATHERINE A. MARAMAN, Associate Justice

PER CURIAM:

[1] On June 24, 2011, Defendant-Appellant Jimmy Chin Song was admitted to bail by Magistrate Judge Alberto Tolentino on charges of Aggravated Assault as a Second Degree Felony upon the condition that Song post $50,000.00 cash and have no contact with the alleged victim and witnesses in the case. Later that day, Song posted the cash bail amount and appeared before Judge Vernon Perez, who added additional release conditions to those set by Magistrate Judge Tolentino, but left the cash amount at $50,000.00. Song was released on Judge Perez's conditions. Thereafter, the alleged victim in the case died, and an indictment was handed down against Song charging him with Manslaughter as a First Degree Felony and Aggravated Assault as a Third Degree Felony. Plaintiff-Appellee People of Guam went ex parte before Judge Anita Sukola and obtained an arrest warrant for Song in the amount of $250,000.00 cash.

[2] Upon Song's re-incarceration pursuant to the arrest warrant, he was again brought before Judge Perez on July 5, 2011, who re-set Song's bail amount at $250,000.00 cash and imposed other release conditions, over the objection of Song's counsel. These new bail conditions were left undisturbed at Song's arraignment. Song requested that Judge Perez modify his bail conditions and reinstate the previous bail conditions, to include the $50,000.00 cash bail amount. Judge Perez denied Song's request. Song thereafter filed a notice of appeal of his bail conditions. For the reasons set forth below, we vacate the July 5, 2011 bail conditions set by Judge Perez, and reinstate the bail conditions set by Judge Perez on June 24, 2011.[1]