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SU PERIQQ SUPERIOR i`8GURT
COURT
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1 1 OF@ · bL t\ri!
2 23254 -7 ?l'*°§ Gs 26 -334 1
3 cLERK OF QQURT
4 IN THE SUPERIOR COURT OF
. 1
5 5
6 PEOPLE OF GUAM Criminal Case Criminal Case No. CF0732-18 GPD Case No. 18-34992
7 vs.
8 JOAQUIN MAFNAS BARNES, DECISION AND ORDER 9 11/27/1976 DOB: 11/27/1976 (Revocati9n of (Revocation of Probation)
10 10 Defendant.
11 11 This matter came before the Honorable Alberto E. Tolentino on on January
January 3, 2024, upon the 12 12
13 13 People of of Guam's
Guam's ("People")
("People") Motion
Motion to
to Revoke
Revoke Probation
Probation (Nov.
(Nov. 13,
13, 2023).
2023). At
At the
the hearing,
hearing, Public
14 14 Defender Stephen Hattori Hattori appeared
appeared on behalf of
on behalf of Defendant
Defendant Joaquin
JoaquinMafnas
MafnasBarnes
Bases ("Defendant"),
15 15 and Assistant Attorney General Renaida San appeared on behalf of the San Nicolas appeared the People. Having People. Having
16 16 considered the parties' briefs, considered briefs, oral arguments, arguments, and
and the applicable
applicable law,
law, the
the Court now issues
issues the
17 17 following order GRANTING the People's GRANTING the People's Motion.
18 18 BACKGROUND
19
20 December 17, On December 17, 2018, Defendant count of Defendant was indicted on one count of Possession of of a Schedule II
21 Controlled Sub~tance Substance (as
(as aa Third
Third Degree
Degree Felony). Indictment (Dec.
Felony). Indictment (Dec. 17, 17, 2018).
2018). In October
October 2019,
22 Defendant entered into into a Deferred Plea Agreement with the People to to enter
enter the
the Superior
Superior Court's
23 Court I.I. Defendant's Defendant's plea
Adult Drug Court plea agreement agreement includes the following condition;
condition:
24 Defendant Defenda nt shall
sha ll serve
ve three of inca years of
ee (3) yea incarceration r tion at the Depa
Department of
of
25 Corrections. This period Corrections. This period of incarceration incarceration shall be suspended, conditioned on successfully successfully completing
completing all
all conditions
conditions and terms of the deferred plea, otherwise 26 Defendant Defendant shall
shall serve
serve the full three-year term of imprisonment imprisonment with credit for 27 time served.
2
1 Deferred Deferred Plea Agreement Agreement ate
at 4(Oct.
(Oct. 22,
22, 2019) (emphasis in original). Defendant Defendant also
also agreed
agreed to several
2 other conditions relevant here, including:
including: enrolling
enrolling and
and attending
attending aa drug
drug rehabilitation
rehabilitation program,
program;
3 reporting to the the Probation Office three three times
times per
per week for
reporting to Probation Office for drug drug testing,
testing; and not
not possessing
possessing or
4 substances. See
consuming any illegal controlled substances. See id at at 5-6.
5 Between Between October
October 2019
2019 until
until April
April 2,
2, 2021,
2021, Probation
Probation Services
Services alerted
alerted the Court
Court to at least
6 of the terms of his
eleven (11) violations by Defendant of his probation.
probation. On several occasions, Defendant 7
1
8 was cited for failing to report to the Probation Office.
offi<:e.1 Also on several occasions, Defendant was
9 cited for failing failing to refrain from
from consuming illegal
illegal controlled substances. 2 On controlled substances On April April 5,
5, 2021,
2021, after
after
10 10 receiving Defendant's 11 th Violation Report Defendant's 11'h Report (Apr.
(Apr. 2, 2021), the Court issued a bench warrant warrant for
11 11 Defendant's arrest. Defendant's arrest. Bench BenchWarrant
Warrant (April
(April 5,
5, 2021). The
The warrant
warrant was
was not
not returned
returned until more than
12 a year later. of Warrant Service (May 18, later. Return of 18, 2022).
13 13 On June
June 29,
29, 2022,
2022, Defendant
Defendant and
and the
the People
People entered
entered into
into aa Stipulated
Stipulated Order
Order Modifying
14 Probation and Transferring Defendant Adult Drug Defendant from Adult Drug Court Court One. Pursuant
Pursuant to
to the Stipulated Order,
15 15
116 placed into Defendant was placed into aatraditional traditional five-year
five-year probation.
probation. The Deferred Deferred Plea Agreement's Agreement's
17 17 probationary conditions probationary conditions discussed discussed above
above and
and the sentence of
the sentence of three
three (3)
(3) years'
years' incarceration,
incarceration, all
all
118 suspended, were not suspended, not modified. SeeStipulated modified. See StipulatedOrder Orderatat 22 (June 29, 2022). The The Stipulated
Stipulated Order
Order also
19 19 provides "per the plea agreement, agreement, Defendant's failure failure to follow all
all conditions of probation conditions of probation may 20 result in a hearing hearing to
to revoke
revoke probation,
probation, at
at which
which time
time the
the court
court may
may impose
impose the
the maximum
maximum sentence
21 in this this case."
case." Id. at 3. Defendant Id at Defendant signed signed the Stipulated
Stipulated Order.
Order. Id.
Id
22
23 of the Since the execution of the Stipulated Stipulated Order,
Order, Probation
Probation Services
Services has alerted
alerted the Court
Court that
that
24 Defendant has continued Defendant continued to to violate
violate the terms of
of his probation. On
On March
March 7, 2023, Probation Services
25 1I See let
st Violation Report (Jan. 9, 2020), 3rd rd Violation Report (Feb. 6, 2020), 4th th Violation Report (Mar. 5, 2020), Seel Violation Report (Jan. 9, 2020); 3 Violation Report (Feb. 6, 2020); 4 Violation Report (Mar. 5, 2020);
26 th Violation Report (Mar. 12, 2020); 6th 5th th Violation Report (Nov. 19, 2020); 7th th Violation Report (Dec. 3, 2020); eth 5 Violation Report (Mar. 12, 2020); 6 Violation Report (Nov. 19, 2020); 7 Violation Report (Dec. 3, 2020); 8 th
Report (Jan. 7, 2021); Amended Violation Report Amended 9th9th Violation Violation Report
Report(Feb.
(Feb. 18,
18, 2021); 10th Violation Report (Mar. 19, 2021);
2021); 10th
27 th 11l'*'Violation Violation Report
Report (Apr.
(Apr. 2, 2021
2021).
22 See nd Violation Report (Jan. 23, 2020), 4th See 22ndViolation Report (Jan. 23, 2020); th Violation Violation Report (Mar. 5, 5, 2020), 10th Violation 2020); 10'11 Violation Report Report (Mar. 19,
28 2021).
rd 3
1 1 filed a 3rd Violation Report, Violation Report,3 alleging thatDefendant alleging that Defendant failed failed to
to report
report to
to the
the Probation
Probation Office
Office to
to submit
submit
2 to a drug test.
test. On
OnApril
April13,
13,2023,
2023,Probation
ProbationServices
Services filed 4th Violation filed aa4th Violation Report, Report, alleging
alleging that
3 Defendant Defendant had had failed
failed aa drug
drug test
test at the Probation Office and that this result was confirmed by an off-
4 island analysis of his urine sample. On OnAugust
August16,
16,2023,
2023, Probation
Probation Services
Services filed 5th Violation filed aa 5th
5 Report, alleging that Defendant had, inter alia, Report, alia, failed to report to the Probation Office for nearly 6 four months. The 5th Violation Report The5th Report (Aug. 16, 16, 2023) led the Court to issue another bench warrant 7
8 for Defendant's arrest on August 28, 2023.
2023. The
The warrant
warrant was
was returned
returned on
on October
October 19,
19, 2023.
2023. See
9 of Warrant Service (Oct. 19, Return of 19, 2023).
10 On November November 13,
13, 2023,
2023, the
the People
People filed
filed aa Motion
Motion toto Revoke
RevokeProbation,
Probation, arguing
arguing that
that
11 11 Defendant is no longer longer aa good
good risk
risk for
for probation
probation despite being given "at "at least
least 15 second chances
12 12 between all between all of of [his] violation reports." Mot.
Mot. Revoke
Revokeatat44(Nov.
(Nov. 13, 2023). 4
13, 2023).4
13 13 On December
December 12,
12, 2023, Defendant filed an Opposition to the People's People's motion,
motion, arguing
arguing that
14 the many violation reports reports "indicate the
the struggles
struggles the
the defendant has
has been
been facing
facing with what comes
15 15
116 along with addictions,"
along addictions," and and that
that "[t]he
"[t]he only
only person
person the
the defendant
defendant has
has harmed by his course
course of
of
17 17 conduct is himself." Opposition Oppositionatat 22 (Dec.
(Dec. 12,
12, 2023). Defendant
Defendant therefore
therefore requests
requests that the Motion
18 18 be denied, or at minimum that be that the the Court hold a sentencing hearing to determine whether the 19 maximum sentence sentence contemplated
contemplated by
by the
the plea
plea agreement appropriate. Id at 3. The Court heard agreement isis appropriate.
20 the matter on January 3, 2024, 2024, and
and took
took the
the matter
matter under
under advisement
advisement at the
the conclusion
conclusion of the hearing.
hearing.
21 DISCUSSION
22 23 "probation is In Guam, "probation is a favor granted by the state, not not a right
right to
to which
which a criminal
criminal defendant
defendant
24 is entitled."
entitled." People v.
v. Camacho,
Camacho, 2009 Guam ,r 26. However, "once Guam 6 1126. "once the state grants that favor, favor, it
25 33 It
It appears
appears that
that with
with the
the execution
execution of the Stipulated Order, Order, Probation
Probation Servict;:s
Services restarted their numbering numbering of of the
26 Violation Reports.
4
4 The
The People
People also
also note
note that
that Defendant has been Defendant has been charged charged in in two
two other cases
cases since
since June
June 2022,
2022, both of which
27 involve felony charges, though though not
not drug possession
possession charges. The
ThePeople
Peopleassert
assert that
that their Motion to Revoke Revoke is is not based
on Defendant's Defendant's other other cases,
cases, but
but rather
rather on Defendant's
Defendant's "failure
"failure to
to comply
complywithwith the
the many
manyother
othersubstantial
substantial requirements
requirements
28 of of his probation." Mot.
Mot. Revoke
Revoke atat 4.
4. The
TheCourt thereforedoes
Courttherefore doesnotnottake take those
those other
other cases
cases into
into consideration
consideration here.
' 3
4
1 cannot simply revoke cannot simply revoke the theprivilege
privilege at
atits
itsdiscretion."
discretion." Id Instead,
Instead, revocation
revocation must
must comply with 9
\
2 GCA GCA §§ 80.66(a)(2), 80.66(a)(2), which
which provides:
provides:
3 the the court,
court, if satisfied
satisfied that the offender has that the inexcusablyfailed has inexcusably failed to to comply
comply with aa
4 substantial requirementimposed substantial requirement imposedasasa acondition· conditionofof the
the order
order may
may revoke
revoke the
the
suspension suspension or or probation probationand andsentence
sentenceororre-sentence
re-sentencethetheoffender.
offender.Violation
Violation of a
5 5 condition condition Shall
shall not result inin revocation, revocation, however,
however,Lmless
unless the
the court
court determines
determines that
that
6 revocation under all· all the
the circumstances
circumstances thenthenexisting existingwill
will best
best satisfy
satisfy the
the ends
ends of
justice and the justice the best
best interests
interests of
of the public.
7 The Guam Supreme Court has has referred
referred to
to this as a "two-step
"two-step process."
process." Camacho,
Camacho, 2009 Guam ,r
Guam 661[
8 27. First, First, the
the Court
Court must
must "make a factual thataaviolation factual determination that violation of of a condition of probation probation
9 actually hasoccurred." actually has occurred."Id Id Then,
Then, "[i]fa
"[i]fviolation is is
a violation proven,
proven,the
thecourt
courtmust
must determine
determine if the violation violation
110
111 warrants revocation." Id warrants revocation." Id
12 12 A. Defendant Defendant Has Violated the the Conditions of His Probation 13 13 The Court Court must first determine whether Defendant has has violated
violated his probationary conditions.
14 "The "Thestandard standard of
ofproof
proofrequired
required at
at aa probation
probation revocation
revocation hearing
hearing is
is that
that the
the evidence
evidence and
and the facts
15 be such necessary to satisfy the such as reasonably necessary the judge judge that
that the
the probationer's
probationer's conduct
conduct has
has not been as
16 16 required by the conditions of probation. Camacho, 2009 Guam 6 ,r 30. The decision to revoke as
probation.'' Camacho,
17
18 probation "must be based based on
on credible
credible evidence," but
but the
the defendant
defendant "beards the burden of of showing
19 19 an excuse excusefor forthe
thefailure
failuretotocomply
complywith
withthe
thecondition."
condition."Id.
Id (quoting State
State v. Peters, 609 A.2d 40,
20 43 (N.J.
(no. 1992);
1992)).
21 Here, the Court has hasreceived
receivednumerous
numerousViolation
ViolationReports
Reportsfrom
fromProbation
ProbationServices.
Services. Many
Many of
of
22 these these violations involve involve aa failure
failure to
toreport
reportto
tothe
theProbation
ProbationOffice
Officeand/or
and/or results
results from
from drug
drug testing
23 performed at the theProbation
ProbationOffice.
Office. Each
Each Violation
ViolationReport
Reportisis signed
signed by
by both
both aa Probation Officer Officer and
and
24 a Probation Officer Officer Supervisor.
Supervisor. The
TheCourt
Courtfinds
findsthis
thisto
tobe
becredible
credibleevidence
evidencethat
thatDefendant
Defendant has
has not
25
26 complied with with his
his probation
probation requirements.
requirements. On the
the other
other hand,
hand, Defendant has not
Defendant has not offered any any
5
1 evidence to contradict the claims contradict the claimsof
of the
the Violation
Violation Reports
Reports or
or to
to excuse
excuse his
hisviolations.
violations. The Court
Court
2 therefore finds finds that has violated that Defendant has violated the conditions of his probation.
3 B. Defendant's Defendant's Probation
Probation Violations Warrant Revocation Violations Warrant Revocation 4 Next, the
the Court
Courtmust
mustdetermine
determine whether
whether Defendant's
Defendant's probationary
probationary violations
violations warrant
warrant
5 revocation. revocation. Under Under 99 GCA
GCA§§80.66(a)(2),
80.66(a)(2),revocation
revocationshould
shouldoccur
occur only
only ififdoing
doing so
so would "best satisfy
would "best satisfy
6
97
the ends of justice and the ends of the best interests interests of
of the public."
7
8 Based on his his extensive record of probation violations, it it is
is clear
clear that
that Defendant is no
no longer
9 a good risk for probation.
probation. While the
the Court
Court is sympathetic to Defendant's plight as a recovering
10 10 addict, addict, this does not excuse excuse his
his repeated
repeatedfailures
failuresto
tocheck
checkin
inwith
withthe
theProbation
ProbationOffice.
Office. During his
11 11 stint in Adult Drug Drug Court,
Court, Defendant accrued
accrued ten
ten (10)
(10) separate Violation Reports separate Violation Reports which allege a 12 12 failure to check in with the Probation Office, Office, which
which was
was aa required
required term in
in both the
the Deferred Plea
13 13 Agreement and the Stipulated StipulatedOrder.
Order. The
The last
last of
of these
these Violation
Violation Reports
Reports (11 th Violation Report, (nth
and the Violation 14 Apr. 2, 2, 2021)
2021) led
led to
to the
theissuance
issuance of
ofaabench
bench warrant,
warrant; Defendant
Defendant evaded
evaded the
the warrant
warrant for more
more than
than
15 15
16 16 year, which means healso meanshe notcomply didnot
alsodid complywith
withhis
hisreporting
reportingobligations
obligations during
duringthat
thattime.
time. And
And even
17 17 after the execution of of the
the Stipulated
Stipulated Order, Defendant has continued Defendant has continuedtotofail fail to
to check in with the
18 18 Probation Office. Defendant's 5th Violation Defendant's5th ViolationReport Report(Aug.
(Aug.16,
16,2023)
2023)indicates
indicatesthat
that Defendant
Defendant had
had
19 failed to failed to appear appear in person at the
the Probation
Probation Office
Office for nearlyfour
fornearly fourmonths
months prior
priorto
to the
the issuance
issuance of
ofthat
that
20 Violation Report. Violation Report. The Thepurpose
purposeofofprobation
probationisistotogrant
grantan
anindividual
individualan
an opportunity
opportunity to
to rehabilitate
rehabilitate
21 under supervised supervised release, but this cannot cannot be
be accomplished where
where the
the individual does not submit to 22 supervision. superv1s10n.
23 24 The Court has been lenient lenient with Defendant, but more more than
thanaadozen
dozenViolation
Violation Reports to date
25 suggests that thatthe
theCourt's
Court's prior
prior leniency
leniency has
hasnot
notmotivated
motivatedDefendant
Defendantto
tochange
changehis
hisbehavior.
behavior. There
26 is no evidence before before the
the Court suggesting further leniency will will change
change his behavior this time, either.
27 And while while Defendant Defendant argues
argues that
that revocation
revocation of
ofprobation
probation will
willhurt
hurtDefendant
Defendant because
because detained
detained
6
11 individuals do individuals do not not have
have access
access to
to certain
certain addiction
addiction treatments,
treatments, Opposition
Oppositionatat 2-3,
2-3, itit is not clear to the
2 Court that Could that Defendant Defendant has
has been
been taking
taking advantage
advantage of
of those
those treatments
treatments while
while on release.
release. See
See 5th
5th
3 Violation Report Violation Report (Aug.
(Aug. 16,
16, 2023) (alleging that Defendant has failed to attend treatment with Guam 4 Behavioral Health and Wellness Center).
5 Under Under these
these circumstances,
circumstances, the ends ofjustice of justiceand
and the
the interests
interests of
of the public would be served 6 by revocation of Defendant's probation.
probation. In
In executing
executing the
the Deferred
Deferred Plea
Plea Agreement, and again in 7
8 executing the Stipulated executing Stipulated Order, Defendant Defendant made aa deal: if he complied ifhe complied with
with his
his probationary terms,
9 he could could avoid avoid three
three (3)
(3) years
years of
ofincarceration.
incarceration. Defendant is not the only only beneficiary
beneficiary of
of this
this
110 arrangement, arrangement; the public also an interest in trusting that that those
those released
released on
on probation
probation will
will comply
comply with
111 their probationary terms.
terms. Here, however,
however, Defendant has established established aa long
longhistory
historyof
ofnoncompliance
noncompliance
12 12 with his probation conditions, which also suggests that he he is
is unlikely
unlikely to
to comply with his conditions 13 going forward. To To excuse
excuse Defendant's
Defendant'snumerous
numerousviolations
violations would
wouldset
set aa troubling
troubling precedent
precedent against
114 the necessity of of complying with probationary probationary conditions, which which in turn
tum would damage the public 15 15
116 trust in in the
the probationary
probationary system.
system. Revocation
Revocation is therefore necessary.
17 CONCLUSION
18 Based on on the
the above
above analysis,
analysis, the Court
Court GRANTS the People's Motion and and REVOKES
19 Defendant's probation.
probation. The Cour Court will
will schedule
schedule aa sentencing
sentencing hearing
ing to give
give the
the par
parties an
an
20 opportunity to argue whether whether the three-year term term contemplated
contemplated by the Deferred Plea Agreement Agreement and
21 the Stipulated Order remains appropriate under the circumstances.
22
23 SO ORDERED this " -u.
MAY - 7 zszl,
24 ( I
\
SERV SIERVBCE
Y
eQE VM VEAE-lvanlL
E-M.ABfl. - W #
I acknowledge that an electronic acknowledge that electronic 25 25 copy ofthe copy of theoriginal originalwas
was e-mai ledto:
e-mailed to: HONORABLE HONORABLE ALBERTO
ALBERTO E. E. TOLENTINO
Judge, Superior Court of Guam 26
27 Date· ~!f!~f 1me: ~J f Date:
28 A,,,,~i?
W*[o¢»5v ( 7 *1. DeputyClerk,Supel46rCourtofGuam