People of Guam v Riocne [2012] GUSC 5; 2012 Guam 05 (30 May 2012)

IN THE SUPREME COURT OF GUAM

THE PEOPLE OF GUAM,
Plaintiff-Appellee,

v.

NRINEXT RIOCNE
Defendant-Appellant,

and

JIMMY KIRACHY and JAMES KIROSY,
Defendants.

Supreme Court Case No. CRA11-003
Superior Court Case No. CM0705-10

OPINION

May 30, 2012

Cite as: 2012 Guam 5

Appeal from the Superior Court of Guam
Submitted on Appellant's Brief October 31, 2011
Hagåtña, Guam

Appearing for Plaintiff-Appellee: Jonathan Quan, Esq. Office of the Attorney General of Guam 287 W O'Brien Dr. Hagåtña, GU 96910

Appearing for Defendant-Appellant: Thomas Fisher, Esq. Fisher and Associates Ste. 101, 167 E Marine Corps Dr. Hagåtña, GU 96910

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

MARAMAN, J.:

[1] Defendant-Appellant Nrinext Riocne appeals from a conviction of one count of disorderly conduct, as a violation. Riocne argues that the trial court erred when it approved an amendment to the complaint charging the defendant under a different subsection of the disorderly conduct statute because it was an additional or different offense. Riocne also argues that his conviction is a nullity because the trial court failed to arraign him on the amended charge. After an independent examination of the law and the record on appeal, we find that Riocne's substantial rights were not prejudiced by either the amendment or the trial court's failure to rearraign him on the amended complaint. We therefore affirm his conviction.

I. FACTUAL AND PROCEDURAL BACKGROUND

[2]