The Supreme Court has affirmed the conviction of a man for disturbing the peace and resisting arrest.<\/p>\n
This came after the High Court denied an appeal filed by Diego S. Mundo, who had claimed that his right to due process was \u201cunconstitutionally vague\u201d and that the prosecution failed to prove all the elements of the case against him.<\/p>\n
Court records showed that the charges stemmed from an incident at Rosie\u2019s Gazebo Restaurant on Tinian on Aug. 4, 2001, when an intoxicated Mundo caused tourists to leave the establishment by begging them to buy him drinks.<\/p>\n
On the same night, Mundo also got into an argument with another customer, Norbert Manglona. During the argument, Mundo picked up one of the chairs and threatened Manglona with the legs of the chair facing toward Manglona. Police were called when the argument escalated with Manglona also picking up a chair and Mundo raising his voice.<\/p>\n
When they arrived, police asked Mundo and Manglona to leave because they were disturbing the peace of the customers. Manglona left but Mundo refused to do so, insisting he was doing nothing wrong.<\/p>\n
After several more attempts to make Mundo leave, police decided to arrest him. He struggled with the officers all the way to the patrol car.<\/p>\n
The trial court subsequently found Mundo guilty of disturbing the peace and resisting arrest. He was sentenced to six months in jail and fined $500 for disturbing the peace and sentenced to 12 months in jail and fined $1,000 for resisting arrest.<\/p>\n
The appeal followed. Mundo claimed that the Commonwealth\u2019s law on disturbing the peace is void for vagueness because it does not define \u201cannoys or disturbs\u201d or \u201cpeace and quiet.\u201d<\/p>\n
But the High Court maintained that \u201cit is not at all vague that Mundo\u2019s conduct at Rosie\u2019s unreasonably annoyed or disturbed other people so as to deprive them of their right to peace and quiet.\u201d<\/p>\n
\u201cA person of ordinary intelligence certainly would know that Mundo\u2019s antics in this situation constitute conduct that would annoy and disturb others. He stole food, picked a chair to threaten another man, harassed the customers at Rosie\u2019s and trespassed at Rosie\u2019s by refusing to leave despite being asked by the owner and the police to leave,\u201d the court said. \u201cIn light of this behavior, we find that a reasonable trier of fact could have found that Mundo\u2019s actions were unlawful beyond a reasonable doubt.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
The Supreme Court has affirmed the conviction of a man for disturbing the peace and resisting arrest.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-82774","post","type-post","status-publish","format-standard","hentry","category-local-news"],"_links":{"self":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/82774","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/comments?post=82774"}],"version-history":[{"count":0,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/82774\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media?parent=82774"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/categories?post=82774"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/tags?post=82774"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}