People of Guam, Plaintiff-Appellee, v. Julieon Edward Quichocho Kim, Defendant-Appellant, CRA14-020

[281 Kim’s conduct as charged did not satisfy the elements of burglary. Accordingly, Kim’s burglary conviction is reversed and vacated. The remaining issues on appeal concerning (1) whether the indictment was properly amended, (2) whether the Amended Indictment was duplicitous, and (3) whether §9 GCA § 37.20Guam Code Annotatedstatute — binding is void for vagueness need not be considered. See Presto v. Lizama, 2012 Guam 24 ¶ 54. V. CONCLUSION [291 The trial court improperly extended the definition of “separately secured or occupied portion thereof’ to include a fenced enclosure. For the foregoing reasons, we REVERSE Kim’s burglary conviction, VACATE the burglary sentence imposed, and REMAND this matter to the trial court for further proceedings not inconsistent with this opinion. 7. Philip Carbulildo 5ed Katherine A. Maraman F. PHILIP CARBULLIDO KATHERiNE A. MARAMAN Associate Justice Associate Justice Origna1Signed: Robert J. Torres ROBERT J. TORRES Chief Justice I do bNebY Ctdy aii iji and corr.ct o 1 4ntJ on 111. In the o(Ike Q( cleik o ttw Suprn1 Cowt o Guam. AUG 2 02015Ask ⌕