r 1 SUPrRIOR COURT OF GUAM 2 20190CT—3 ~tflO t~2
3 CLERK OF t~URi
4 —
5 IN THE SUPERIOR COURT OF GUAM 6
THE PEOPLE OF GUAM, ) Criminal Case No. CF0650-15 8 DECISION & ORDER 9 )~. ) 10 QUINTON ANDREW PRESCOTT BEZON, )
11 Defendant. ). __________________)
13 STATEMENT OF THE CASE
14 This matter is before the Honorable Judge Michael J. Bordallo. Pursuant to Rule 7.1 of
15 the Court’s local rules, Defendant Bezon’s Motion to Reduce Sentence was taken under
16 advisement on September 26, 2019. The People are represented by Assistant Attorney General
17 Leonardo Rapadas. Defendant Bezon (hereinafter “Bezon”) is represented by Attorney Joshua
18 Walsh. After having received and reviewed the papers, arguments and the file herein, the Court
19 hereby DENIES Bezon’s Motion to Reduce Sentence.
20 BACKGROUND
21 On April 25, 2017, a Grand Jury indicted Bezon on the following charges: (1) Third
22 Degree Criminal Sexual Conduct (As a Second Degree Felony); (2) Fourth Degree Criminal
23 Sexual Conduct (As a Misdemeanor); and (3) Fourth Degree Criminal Sexual Conduct (As a
24 Misdemeanor). Amended Superseding Indictment. After three (3) days of trial and jury
Page 1 of 6 1 deliberation, Bezon was found guilty of the First Charge of Third Degree Criminal Sexual
2 Conduct (As a Second Degree Felony) in violation of 9 GCA §~ 25.25 (a)(3) and (b) and guilty
• 3 of the Third Charge of Fourth Degree Criminal Sexual Conduct (As a Misdemeanor) in
4 violation of 9 GCA §.~ 25.25 (a)(2) and (b). The jury found Bezon not guilty of the Second
5 Charge of Fourth Degree Criminal Sexual Conduct (As a Second Degree Felony). On July 13,
• 6 2017, the Court sentenced Bezon to a total of four (4) years imprisonment for both guilty
7 verdicts, and the Court entered a Judgement of Acquittal for the Second Charge of Fourth
8 Degree Criminal Sexual Conduct (As a Misdemeanor). V V
9 Bezon appealed the judgment. On December 31, 2018, the Supreme Court of Guam
10 issued an Opinion affirming Bezon’s conviction but reversing Bezon’s sentence and remanded
11 it for reseñtencing. Pe0ple v. Bezon, 2018 Guam 28 ¶ 20. Specifically, the Supreme Court
12 held that the trial court committed plain error when it failed to personally address Bezon and
13 failed to ask him whether he wished to make a statement before pronouncing the sentence. Id.
14 Accordingly, the Supreme Court ordered this Court to resentence Bezon consistent with its
15 Opinion. Id.
16 On February 28, 2019, the Court resentenced Bezon to four (4) years of imprisonment,
17 all but two (2) years suspended, with credit for time served for the First Charge of Third Degree
18 Criminal Sexual Conduct (As a Second Degree Felony) and one (1) year of imprisonment, none
19 V suspended, with credit for time served for the Third Charge of Fourth Degree Criminal Sexual
20 Conduct (As a Misdemeanor). Amended Judgment, Mar. 12, 2019. Both terms were to be V
21 serVed concurrent1y~ Id. On June 24, 2019, Bezon filed the present Motion to Reduce Sentence.
22 The People did not file a response. On September 26, 2019, at the calendared motion hearing,
V 23 no further argument was provided and the Court took the matter under advisement.
24 V
V Page2of6 V 1 ISSUE
2 Whether the Court will reduce Bezon’ s sentence.
3 FACTS
4 1. Agrand jury indicted Bezon on thefollowing charges: (1) Third Degree Criminal
5 Sexual Conduct (As a Second Degree Felony); (2) Fourth Degree Criminal Sexual
6 Conduct (As a Misdemeanor); and (3) Fourth Degree Criminal Sexual Conduct (As a
7 Misdemeanor).
8 2. After a jury trial, Bezon was convicted of the First Charge of Third Degree Criminal
9 Sexual Conduct (As a Second Degree Felony) and the Third Charge of Fourth Degree
10 Criminal Sexual Conduct (As a Misdemeanor).
11 3. On July 13, 2017, the Court sentenced Bezon to four (4) years of imprisonment, with
12 credit for time served, for the First Charge of Third Degree Criminal Sexual Conduct
13 (As a Second Degree Felony) and one (1) year of imprisonment, with credit for time -
14 served, for the Third Charge of Fourth Degree Criminal Sexual Conduct (As a
15 Misdemeanor). Both sentences were ordered to be served concurrently.
16 4. Bezon appealed his judgment to the Supreme Court of Guam on the grounds that the
17 trial court denied him the opportunity to allocute.
18 5. On December 31, 2018, the Supreme Court of Guam ruled that the trial court violated 8
19 GCA § 120.26 by falling to personally address Bezon to ask him whether he wished to
20 make a statement before his sentence was pronounced.
21 6. The Supreme Court of Gum reversed Bezon’s sentence and remanded the matter for
22 resentencing.
Page 3 of 6 1 7. On remand, the Court resentenced Bezon to four (4) years of imprisonment, with all but
2, two (2) years suspended, with credit for time served, for the First Charge of Third
3 Degree Criminal Sexual Conduct (As a Second Degree Felony) and one (1) year of
4 imprisonment, with credit for time served, for the Third Charge of Fourth Degree
5 Criminal Sexual Conduct (As a Misdemeanor). Both terms were to be served
6 concurrently.
7 8.~ Bezon’s sentence was lowered from a total of four (4) years of imprisonment to a total
8 of two (2) years of imprisonment.
10 PRINCIPLES OF LAW
11 Title 8 Section 120.46 of the Guam Code Annotated provides, in relevant part:
12 The court may reduce a sentence within one hundred twenty (120) days after the sentence is imposed, or within one hundred twenty (120) days after receipt by the 13 court of a mandate issued upon affirmance of the judgment or dismissal of the appeal, or within one hundred twenty (120) days after entry of any order or 14 judgment ‘of the Supreme Court of Guam, having the effect of upholding a judgment of conviction. 15 8 GCA § 120.46. A request to reduce an imposed sentence is within the discretion of the 16 trial court. See United States. v. Krueger, 454 F.2d 1154, 1155 (9th Cir. 1972). The trial 17 court may decide, after further reflection, whether the original sentence is unduly harsh. 18 See U.S. v. Eastman, 743 F.2d 1322, 1324 (9th Cir. 1984). It is essentially a plea for 19 leniency. Id. 20 When considering a defendants proffered request for leniency, the Court reviews ‘21 his Motion for the presentation of redemptive facts not available at the time of sentencing 22 V V
or for compelling arguments, sufficiently persuasive for the court to reconsider and 23 V
reweigh the factors evaluated at the Defendant’s initial Sentencing Hearing. Motions for 24
Page 4 of 6 1 reduction of sentence are addressed to the court’s discretion. Flores v. United States, 238
2 F.2d. 758, 760 (9th Cir. 1956).
4 ANALYSIS
5 &zon timely moves the Court to reduce his sentence from two (2) years of imprisonment
6 to one (1) year of imprisonment, or any other reduction that the Court may deem appropriate. In
7 support of reduction, Bezon argues that redemptive facts currently exist that were not in
8 existence at the time of his resentencing. Furthermore, Bezon desires the Court to exhibit
9 leniency by perceiving these redemptive facts as adequate to warrant a sentence reduction.
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r 1 SUPrRIOR COURT OF GUAM 2 20190CT—3 ~tflO t~2
3 CLERK OF t~URi
4 —
5 IN THE SUPERIOR COURT OF GUAM 6
THE PEOPLE OF GUAM, ) Criminal Case No. CF0650-15 8 DECISION & ORDER 9 )~. ) 10 QUINTON ANDREW PRESCOTT BEZON, )
11 Defendant. ). __________________)
13 STATEMENT OF THE CASE
14 This matter is before the Honorable Judge Michael J. Bordallo. Pursuant to Rule 7.1 of
15 the Court’s local rules, Defendant Bezon’s Motion to Reduce Sentence was taken under
16 advisement on September 26, 2019. The People are represented by Assistant Attorney General
17 Leonardo Rapadas. Defendant Bezon (hereinafter “Bezon”) is represented by Attorney Joshua
18 Walsh. After having received and reviewed the papers, arguments and the file herein, the Court
19 hereby DENIES Bezon’s Motion to Reduce Sentence.
20 BACKGROUND
21 On April 25, 2017, a Grand Jury indicted Bezon on the following charges: (1) Third
22 Degree Criminal Sexual Conduct (As a Second Degree Felony); (2) Fourth Degree Criminal
23 Sexual Conduct (As a Misdemeanor); and (3) Fourth Degree Criminal Sexual Conduct (As a
24 Misdemeanor). Amended Superseding Indictment. After three (3) days of trial and jury
Page 1 of 6 1 deliberation, Bezon was found guilty of the First Charge of Third Degree Criminal Sexual
2 Conduct (As a Second Degree Felony) in violation of 9 GCA §~ 25.25 (a)(3) and (b) and guilty
• 3 of the Third Charge of Fourth Degree Criminal Sexual Conduct (As a Misdemeanor) in
4 violation of 9 GCA §.~ 25.25 (a)(2) and (b). The jury found Bezon not guilty of the Second
5 Charge of Fourth Degree Criminal Sexual Conduct (As a Second Degree Felony). On July 13,
• 6 2017, the Court sentenced Bezon to a total of four (4) years imprisonment for both guilty
7 verdicts, and the Court entered a Judgement of Acquittal for the Second Charge of Fourth
8 Degree Criminal Sexual Conduct (As a Misdemeanor). V V
9 Bezon appealed the judgment. On December 31, 2018, the Supreme Court of Guam
10 issued an Opinion affirming Bezon’s conviction but reversing Bezon’s sentence and remanded
11 it for reseñtencing. Pe0ple v. Bezon, 2018 Guam 28 ¶ 20. Specifically, the Supreme Court
12 held that the trial court committed plain error when it failed to personally address Bezon and
13 failed to ask him whether he wished to make a statement before pronouncing the sentence. Id.
14 Accordingly, the Supreme Court ordered this Court to resentence Bezon consistent with its
15 Opinion. Id.
16 On February 28, 2019, the Court resentenced Bezon to four (4) years of imprisonment,
17 all but two (2) years suspended, with credit for time served for the First Charge of Third Degree
18 Criminal Sexual Conduct (As a Second Degree Felony) and one (1) year of imprisonment, none
19 V suspended, with credit for time served for the Third Charge of Fourth Degree Criminal Sexual
20 Conduct (As a Misdemeanor). Amended Judgment, Mar. 12, 2019. Both terms were to be V
21 serVed concurrent1y~ Id. On June 24, 2019, Bezon filed the present Motion to Reduce Sentence.
22 The People did not file a response. On September 26, 2019, at the calendared motion hearing,
V 23 no further argument was provided and the Court took the matter under advisement.
24 V
V Page2of6 V 1 ISSUE
2 Whether the Court will reduce Bezon’ s sentence.
3 FACTS
4 1. Agrand jury indicted Bezon on thefollowing charges: (1) Third Degree Criminal
5 Sexual Conduct (As a Second Degree Felony); (2) Fourth Degree Criminal Sexual
6 Conduct (As a Misdemeanor); and (3) Fourth Degree Criminal Sexual Conduct (As a
7 Misdemeanor).
8 2. After a jury trial, Bezon was convicted of the First Charge of Third Degree Criminal
9 Sexual Conduct (As a Second Degree Felony) and the Third Charge of Fourth Degree
10 Criminal Sexual Conduct (As a Misdemeanor).
11 3. On July 13, 2017, the Court sentenced Bezon to four (4) years of imprisonment, with
12 credit for time served, for the First Charge of Third Degree Criminal Sexual Conduct
13 (As a Second Degree Felony) and one (1) year of imprisonment, with credit for time -
14 served, for the Third Charge of Fourth Degree Criminal Sexual Conduct (As a
15 Misdemeanor). Both sentences were ordered to be served concurrently.
16 4. Bezon appealed his judgment to the Supreme Court of Guam on the grounds that the
17 trial court denied him the opportunity to allocute.
18 5. On December 31, 2018, the Supreme Court of Guam ruled that the trial court violated 8
19 GCA § 120.26 by falling to personally address Bezon to ask him whether he wished to
20 make a statement before his sentence was pronounced.
21 6. The Supreme Court of Gum reversed Bezon’s sentence and remanded the matter for
22 resentencing.
Page 3 of 6 1 7. On remand, the Court resentenced Bezon to four (4) years of imprisonment, with all but
2, two (2) years suspended, with credit for time served, for the First Charge of Third
3 Degree Criminal Sexual Conduct (As a Second Degree Felony) and one (1) year of
4 imprisonment, with credit for time served, for the Third Charge of Fourth Degree
5 Criminal Sexual Conduct (As a Misdemeanor). Both terms were to be served
6 concurrently.
7 8.~ Bezon’s sentence was lowered from a total of four (4) years of imprisonment to a total
8 of two (2) years of imprisonment.
10 PRINCIPLES OF LAW
11 Title 8 Section 120.46 of the Guam Code Annotated provides, in relevant part:
12 The court may reduce a sentence within one hundred twenty (120) days after the sentence is imposed, or within one hundred twenty (120) days after receipt by the 13 court of a mandate issued upon affirmance of the judgment or dismissal of the appeal, or within one hundred twenty (120) days after entry of any order or 14 judgment ‘of the Supreme Court of Guam, having the effect of upholding a judgment of conviction. 15 8 GCA § 120.46. A request to reduce an imposed sentence is within the discretion of the 16 trial court. See United States. v. Krueger, 454 F.2d 1154, 1155 (9th Cir. 1972). The trial 17 court may decide, after further reflection, whether the original sentence is unduly harsh. 18 See U.S. v. Eastman, 743 F.2d 1322, 1324 (9th Cir. 1984). It is essentially a plea for 19 leniency. Id. 20 When considering a defendants proffered request for leniency, the Court reviews ‘21 his Motion for the presentation of redemptive facts not available at the time of sentencing 22 V V
or for compelling arguments, sufficiently persuasive for the court to reconsider and 23 V
reweigh the factors evaluated at the Defendant’s initial Sentencing Hearing. Motions for 24
Page 4 of 6 1 reduction of sentence are addressed to the court’s discretion. Flores v. United States, 238
2 F.2d. 758, 760 (9th Cir. 1956).
4 ANALYSIS
5 &zon timely moves the Court to reduce his sentence from two (2) years of imprisonment
6 to one (1) year of imprisonment, or any other reduction that the Court may deem appropriate. In
7 support of reduction, Bezon argues that redemptive facts currently exist that were not in
8 existence at the time of his resentencing. Furthermore, Bezon desires the Court to exhibit
9 leniency by perceiving these redemptive facts as adequate to warrant a sentence reduction.
10 In reviewing Bezon’ s motion, the Court considered factors such as: the severity of the
11 crime that Bezon was convicted of, the maximum sentence that the law provides for such crime,
12 the sentence that was actually imposed on Bezon, and the nature of Bezon’ s redemptive facts in
13 his motion that were not available at the time of his resentencing.
14 Bezon was convicted of Third Degree Criminal Sexual Conduct (As a Second Degree
15 Felony) and Fourth Degree Criminal Sexual Conduct (As a Misdemeanor). Based on Guam’s
16 sentencing guidelines, these convictions put together gave the Court the authority to have
17 sentenced Bezon to a total .of nine (9) years of imprisonment. See 9 GCA §~ 80.31 & 80.34.
18 However, at resentencing, the Court sentenced Bezon to serve in total only two (2) years of
19 imprisonment. The Court finds that the difference of seven (7) years of imprisonment in Bezon’s
20 favor is more than enough to indicate the Court’s leniency. Moreover, the fact that the Court has
21 allowed the two separate sentences to run concurrently and not consecutively further
22 demonstrates the tolerance of the Court.
23 ~
Page 5 of 6 1 Bezon has presented written testimonials from family members that reveal the fact that
2 Bezon’ s imprisonment is a direct cause for the emotional and financial hardship that his family is
3 currently experiencing. When a defendant is ordered to serve any term of imprisonment, it is a
4 natural and acknowledge4 result that family and friends of the imprisoned defendant will be
5 impacted in a negative way. The Court finds that the redemptive facts Bezon presented in his
6 motion are innate and inherent to imprisonment, but not exceptional. As such, the Court cannot
7 ignore its duty to deliver and sustain justice to both sides of a dispute or allegation. Although the
8 Court is sympathetic to these emotional and financial hardships that the Bezon family is
9 currently experiencing, the Court finds that justice for all parties involved will not be upheld if
10 Bezon’s sentence is reduced.
11 After further reflection, the Court finds that Bezon has not presented redemptive facts
12 that the Court finds to be persuasive enough to merit a reduction in his sentence. In addition, the
13 Court finds that sentencing Bezon to the lower end of what is allowable under the law, as well as
14 ordering both sentences to be served concurrently, precludes any finding that the sentence is
15 unduly harsh. Accordingly, the Court DENIES Defendant’s Motion to Reduce Sentence.
17 CONCLUSION
18 Based on the foregoing, Bezon’s Motion to Reduce Sentence is DENIED.
SO ORDERED, this _________ day of _____________________ 2019.
HONO14~E M~[CHAEL J BORDAL 24 ________________ Judg~Wuperior Court~pf Guam Date:~k3\t~T~ io~Ic j~,J Page6of6 Deputy CIert~, Supe~brtourt of Guam