People of Guam v Manibusan [2016] GUSC 40 (30 December 2016)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM,

Plaintiff-Appellee,

v.

JOHN J. MANIBUSAN,

Defendant-Appellant.

Supreme Court Case No.: CRA16-002
Superior Court Case No.: CF0217-11

OPINION

Filed: December 30, 2016

Cite as: 2016 Guam 40

Appeal from the Superior Court of Guam
Argued and submitted on July 5, 2016
Hagåtña, Guam

Appearing for Defendant-Appellant: James M. Maher, Esq. Law Office of James M. Maher 238 Archbishop Flores St., Ste. 300 Hagåtña, GU 96910

Appearing for Plaintiff-Appellee: James C. Collins, Esq. Assistant Attorney General Office of the Attorney General Prosecution Division 590 S. Marine Corps Drive, Ste. 706 Tamuning, GU 96913

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

CARBULLIDO, J.:

[1] Defendant-Appellant John J. Manibusan appeals from a judgment convicting him of Identity Theft (as a Third Degree Felony). Manibusan was sentenced to five years of incarceration to be served consecutively with any existing sentence. He requested credit for time served, which the trial court denied. Manibusan appeals his sentence claiming that the trial court improperly ruled that he has not accumulated credit for time served and his sentencing term should run concurrently.
[2] For the reasons stated below, we affirm the sentencing terms.

I. FACTUAL AND PROCEDURAL BACKGROUND

[3] Manibusan was indicted by a grand jury for one count of Fraudulent Use of a Credit Card (as a Misdemeanor) and one count of Identity Theft (as a Third Degree Felony) in Superior Court Case Number CF0217-11. On April 27, 2011, the Superior Court released Manibusan on a $5,000 performance bond and set other conditions for release.
[4] While on release for CF0217-11, on June 25, 2011, a magistrate complaint was filed against Manibusan for acts separate and apart from CF0217-11. The Superior Court case number in this other matter is CF0332-11. Manibusan was charged with, among other crimes, a special allegation of Commission of a Felony While on Felony Release in violation of 9 GCA § 80.37.1.^[1]