Fl LED
CL§§?~€§='" OLl$<.K OF € ¢?COURT
€€'8u§~€T
1
2325 l~i§s% 1 7 FH i 36 2 2
3 %WE¥§&G mom' q go: %g_5'=;=,q
4
5 IN THE SUPERIOR COURT OF GUAM COURT OF GUAM
6 )) CRIMINAL CM0137-21 NO. CM0137-21
CASE no.
CRIMINAL CASE
7 7 PEOPLE OF OF GUAM,
GUAM, )) 21-12364 No. 21-12364
Report No.
GPD Report GPD
))
8 vs. )) CRIMINAL CRIMINAL CASE
CASE NO.
NO. CF0513-21
CF0513-21
) 21-25457 No. 21-25457
Report No.
GPD Report GPD
9 )
10 10 JUSTIN SABLAN BREL, ))
)) DECISION
DECISION & ORDER
DOB: DOB:01/13/1997 01/13/1997 PEOPLE'S MOTION TO REVOKE RE. PEOPLE'S
11 11 ) DEFENDANT'S PROBATION ))
12 )
) Defendant.
13 13 - - - - - - - - - - - - - - - ~ )n
14 14 This matter came
came before Honorable Alberto the Honorable
before the 2024, for 17, 2024,
December 17, on December
Tolentino on
Alberto E. Tolentino
15 15 a Revocation Revocation Hearing.
Hearing. Defendant Justin Sablan Defendant Justin Brel ("Defendant")
SablanBrel present with was present
("Defendant") was counsel with counsel
16 16 Alternate Public Defender Peter Peter Santos. Assistant Attorney General Santos. Assistant was General Matthew Wermager was 17
present for the present for the People People of Guam ("People").
of Guam the hearing, During the
("People"). During the court hearing, the heard the cuff heard parties'
the parties'
18
19 19 arguments onthe arguments on thePeople's Revokethe MotiontotoRevoke
People'sMotion Defendant'sProbation theDefendant's ("Motion"). Following Probation("Motion"). Following
20 Guam 20 the hearing, the court court took
took the
the matter advisement pursuant under advisement
matter under to Supreme pursuant to Court of Guam Supreme Court
21 Administrative Rule 06-001, Administrative Rule CVR 7.l(e)(6)(A)
06-001,CVR and CR 1.1 7.1(e)(6)(A) and of the 1. 1 of Local Rules
the Local ofthe
Rules of Superior
the Superior
22
Court of ofGuam.
Guam. Having duly
duly considered the parties' briefings, considered the oralarguments, briefings,oral and the applicable arguments, and
23
24 24 law, the courtnow the court nowissues
issuesthis Decisionand
thisDecision andOrder
Order GRANTING the
GRANTING the People's to Revoke People's Motion to
25 the Defendant's Probation.
Probation.
26 \\ \\ 27 27 \\ 28 28
Decision Decision &&Order
Order Re.
Re. People's
People's Motion
Motiontoto Revoke Defendant's Probation Revoke Defendant's
People v. Bret,CM0137-21 People v. CF0513-21 Brei, CM0137-21 & CF0513-21 Page Page 11 of
of9
BACKGROUND
1
2 On May May 22,
22, 2021,
2021, Defendant
Defendant Sablan charged via was charged
Sablan was the via Magistrate's Complaint for the
3 3 following offenses: (1) CRIMINAL offenses: (1) CRIMINAL MISCHIEF MISCHIEF (As (2)HARASSMENT and(2)
Misdemeanor); and
(AsaaMisdemeanor), HARASSMENT 4 4 (As aa Petty (As Misdemeanor). See PettyMisdemeanor). Magistrate's Con See Magistrate's pl. (May, Compl. 2021).That 22,2021).
(May,22, same day, Thatsame the court day, the court
5 granted his his release
release on
on conditions
conditions set
set forth
forth by
by the
the court.
court. See
See Order
Order (May
(May 22, 2021).
2021 ). In total, the
6 6
7 7 Defendant received received eight
eight violations
violations in
inCM0137-21
CM0137-21 and violations in and four violations CF0513-21.
in CF0513-21.
8 A.
A. Defendant Defendant Brel's
Brel'sViolations
Violations on
on Pre-Trial
Pre-Trial Release
Release
9 While While on
on pre-trial release, the pre-trial release, theAdult AdultProbation
ProbationOffice
Office("Probation")
("Probation") filed
filed three
three violations
10 against the For the first violation, the Defendant. For report indicated the report
violation, the that:
indicated that:
11 11
1. 1. The
Thedefendant
defendantfailed
failedtotoprocess
process for
for Pretrial
Pretrial Intake
Intake with the
the Probation
ProbationOffice.
Office.
12 12 The defendant was ordered defendant was ordered by the Court Court to to process
process with
with the
the Probation
Probation
13 13 Office Office by
by10:00am
10:00am onon May
May 24,
24, 2021
2021 following
following his release. The his release. defendant The defendant
failed failed to
to report
report by this date.
this date. , 14 14
2. The defendant was ordered to to report to to the
the Probation
Probation Office
Office three
three times per
15 week. The
The defendant
defendant failed
failed to
to report
report as
as ordered. It is noteworthy to mention 16 16 that numerous attemptswere numerous attempts were made made to contact the defendant defendant but remained
unsuccessful. To date, unsuccessful. To date, the defendant defendant hashas never reported to the Probation reported
17 17 Office. 18 18 1st Violation Report 1st Violation Report(June (June14,
14, 2021).
2021). The
Thecourt
courtissued
issuedaaSummons
Summons for
for his
his appearance
appearance at his next
19 19 court hearing after after the Defendant failed failedto
toappear
appear for
forhis
hisArraignment
ArraignmentHearing
Hearingon
onJune
June18,18,2021
2021.
20 20 21 See Arraignment Arraignment H'rg H'rgMims.
Mins. at
at 9:26:43AM
9:26:43AM(June
(June 18,
18, 2021). For the second violation, the the report
21
22 22 indicated that:
that:
23 The defendant failed to comply comply with
withhis
his House
House Arrest
Arrestcondition.
condition.On OnJuly
July 22,
22, 2021,
2021,
24 the undersigned Probation Officer undersigned Probation Officer attempted attempted to contact
contact the
the defendant
defendant but but was
was
unsuccessful. The undersigned unsuccessful. The undersigned Probation Probation Officer
Officer spoke
spoke with the
the defendant's
defendant's
25 mother, mother, Joanne Sablan,who Joanne Sablan, who stated stated the
the defendant
defendantwas was not
not home
home atat the
the time.
time. She
stated that he was stated that he was doing doing "sideline
"sideline work"
work" with
with his
his uncle
uncle in
in the
the village
village of
of Yigo. It is
Yigo.
26 noteworthy to mention mention that
that the defendant hasfailed defendant has failed to process with the Probation 27 Office Officesince
sincehis
his release
release and
and fails
fails to
to report
report as
as ordered.
28 28 2nd Violation Violation Report Report (July
(July 22, 2021).
Decision Decision & Order People's Motion Order Re. People's Motion to to Revoke
Revoke Defendant's
Defendant's Probation
Probation
People v. Brei,
Bret, CM0137-21
CM0137-21 & & CF0513-21
CF0513-21
Page 2 of9
of
At At the
the continued
continued Arraignment
Arraignment Hearing,
Hearing, the
the court
court had
had to
to issue
issue another Summons for his another Summons
1
2 2 second failure to second failure to appear. See Arraignment appear. See ArraignmentH'rg H'rg Mins.
Mims. at
at 9:46:13AM
9:46:13AM (July 2021). The 23, 2021).
(July 23,
3 3 Defendant Defendant was eventually eventuallyarraigned
arraignedon
on August
August27, by Probation to check and was instructed by
2021, and
27, 2021,
4 . . .
in. See Arralgnment H'rg See Arraignment H'rg Mans.
Mins. at 8:48:27AM (Aug.
(Aug.27,
27,2021).
2021).On
OnOctober 2021, the
12,2021,
October12, court the court
5 issued issued a warrant warrantfor
for the
the Defendant's
Defendant's arrest.
arrest.See
See Warrant
Warrant(Oct.
(Oct. 12, 2021). Before releasing 12, 2021). the releasing the
6 7 Defendant Defendant on October October 20,
20, 2021,
2021, the
the court
court admonished the Defendant admonished the for his Defendantfor violations of his violations
7
8 8 probation. See Return probation. See Returnof of Warrant
WarrantH'rg
H'rg Mins.
Mims. at
at 9:41:58AM
9:41:58AM (Oct. 2021). Probation filed aa (Oct. 20, 2021).
9 9 third violation violation against Department of against the
the Defendant a day after after the
the court released him from the Department of 10 Corrections. For the third For the violation, the third violation, report indicated the report that:
indicated that:
11 The defendant failed
failed to obey
obey all
alllaws
lawsofofGuam.
Guam.On OnOctober
October18,18,2021, defendant the defendant
2021, the
12 12 appeared before
before the Honorable Jonathan R. Quan, Magistrate Honorable Jonathan R. Quan, Magistrate Judge, Superior Court of rd Special 13 13 of Guam, Guam, and
and was charged Terrorizing (as a 3'd charged with Terrorizing 3 Degree Felony) Special Degree Felony)
Allegation or Use
Use of
of a Deadly
Deadly Weapon
Weapon in
in the
the Commission
Commission of a
of Felony,
Felony, Criminal
14 14 Mischief Mischief(as
(as aa Misdemeanor),
Misdemeanor), Violation
ViolationofofaaCourt
CourtOrder
Order (as
(as aa Misdemeanor),
Misdemeanor), andand
Harassment (as a Harassment (as a Petty Petty Misdemeanor)
Misdemeanor) in
in CF0513-21.
CF0513-21. The
The defendant
defendant was
was
15 15 subsequently detained on subsequently detained on a $3,000.00 $3,000.00cashcashonly
only bail.
bail.
16 16 3rd Violation Violation Report Report(Oct.
(Oct.21,
21,2021).
2021).On
OnMarch
March28,
28,2022,
2022,the
thecou1"t
court accepted
accepted the
the Defendant's
Defendant's
17 17 18 globalized globalizedguilty guiltyplea
pleaas
as to
to the
the following
followingcharges
chargesin
inCM0137-21
CM0137-21 and
and CF0513-21:
CF0513-21: in CF0137-21,
CFOl37-21,
18
19 19 the FirstCharge the First ChargeofofCRIMINAL CRIMINAL MISCHIEF
MISCHIEF (As
(As a Misdemeanor)
Misdemeanor)and
andFAMILY
FAMILYVIOLENCE
VIOLENCE (As
20 a Misdemeanor)
Misdemeanor) via via an Information;
Information,and
andininCF0513-21,
CF0513-21,the
the Third
Third Charge
Charge ofof VIOLATION OF
VIOLATION OF A
A
21 COURT COURTORDER ORDER(As
(Asa aMisdemeanor).
Misdemeanor).See
SeeJudgment
Judgment (Apr. 6,
6, 2022).
22 22 B. Defendant DefendantBrel's
Brel'sViolations
Violations Post-Judgment
Post-Judgment
23 23 Since the
the court's acceptance of the acceptance of the Defendant's guilty plea, plea, the
the Defendant received
received three
three
24 24
25 25 more violations violations from
from Probation.
Probation. For
For the
the first
first violation,
violation,the
thereport
report indicated
indicated that:
that:
26 1.
1. Probationer
Probationer failed
failed totoattend
attend his
his intake
intake appointment
appointment at Client
Client Services
Services and
and
27 Family Counseling Family Counseling on on April April 15,
15, 2022
2022 and
and August
August 29,
29, 2022.
2. Probationer
Probationerfailed
failedtotoreport
reporttotoGuam
GuamBehavioral
BehavioralHealth
Health and
and Wellness
Wellness Center
Center
28 for for an
an intake for
for aa drug
drug and
and alcohol
alcohol assessment.
assessment.
Decision Decision &&Order
Order Re.
Re. People's
People's Motion
Motiontoto Revoke
Revoke Defendant's
Defendant's Probation
People People v. Brei,
Bret,CM0137-21 & CF0513-21 CF0513-21
Page Page 33 of9
off
3. Probationer
Probationerfailed
failedtotomake
makemonthly
monthlypayments
paymentstotohis
his$250.00 fine and
$250.00 fine $80.00 and $80.00
1 court costs. No payments
payments have been been made.
2 4. Probationer Probationerfailed
failedtotoperform
performcommunity
communityservice
service200
200 service hours. No
servicehours. hours No hours
have been received.
3 5. Probationer Probationerfailed
failedtotoreport
reporttotothe
theprobation
probation office
officemonthly,
monthly,he reported on last reported
he last
September 26, 2022.
2022.
4
5 let Violation 1st Violation Report Report (Dec.
(Dec. 22,
22, 2022). thesecond Forthe
2022). For violation, the secondviolation, report indicated the report the indicated the
66 Defendant's:
Defendant's:
7 1. 1. Failure
Failuretotoobey
obeyallallthe
thelaws
lawsofofGuam.
Guam.On OnFebruary
February6,6,2023,
2023, the
the Probationer
Probationer waswas
8 arrested arrested ononnew
new charges:
charges:Criminal
CriminalMischief
Mischief (AS(AS aa Misdemeanor), referencing case case number CM0057-23. On February number CM0057-23. February 8, 8, 2023, 2023, the appeared Probationer appeared
the Probationer
9 before before thethe Honorable
Honorable Jonathan
Jonathan R. R. Quan
Quan for for aaMagistrate Magistrate Hearing.Hearing.
10 10 Subsequently, he was committedcommitted on on aa $1000.00 $1000.00 cash bail.
2. Failure
Failuretotostay
stayaway
awayand and have
have no no contact
contact from
from the
the victim
victim inin this case, namely this case,
11 11 Jordan Brel. On February Jordan Brel. February 6, 6, 2023, 2023, Probation
Probation Officers conducted conducted a home home
visit/wellness check to 138 Tun Bihu Street, Chalan Pago Pogo home home to to the
the named
named
12 12 victim in victim in this
this case,
case, JordanBrel. Brel. At the residence, Officers Officersmet metwithwithJoan Santos Joan Santos
13 13 Sablan andand she she indicated
indicated thatthatthe
the victim
victim was not home at at the moment. She the moment. She
further stated that earlier in in the day, Justin Brel was causing issues in the home 14 14 and breaking breaking items.
items. Probation
Probation Officers
Officers noted
noted that thethe Defendant Defendant is is violating violating his
court ordered condition of staying away from from the the victim
victim in
in the
the case,
case, due
due to the
15 15 home being the the place
place of residence
residence of victim
victim Jordan
Jordan Brel.
16 16 2nd Violation Violation Report Report (Feb.
(Feb.10,
10, 2023).
2023). For
Forthe
the third
third violation,
violation,the
the report
report indicated
indicated that
that the:
the:
17 17 1. 1. Probationer
Probationer failed
failed totoattend
attend his
his intake
intake appointment
appointment at Client
Client Services
Services and
and
18 18 Family Family Counseling
Counseling on on April
April15,15,2022
2022and
and August
August 29,
29, 2022.
2022.
19 2. Probationer Probationer failed
failedtotoreport
reporttotoGuam
Guam Behavioral
Behavioral Health
Health and
and Wellness Center
Center
for for an
an intake for
for aa drug
drug and
and alcohol assessment.
assessment.
20 3. Probationer Probationerfailed
failedtotomake
makemonthly
monthlypayments
paymentsto tohis
his$250.00
$250.00 fine
fine and
and $80.00
$80.00
court costs. No payments
payments have been been made.
21 4. Probationer
Probationerfailed
failedtotoperform
performcommunity
communityservice
service200
200 service
servicehours.
hours. No No hours
hours
22 have been received.
received.
5. Probationer
Probationerfailed
failedtotoreport
reporttotothe
theprobation
probation office
officemonthly,
monthly,he he last
last reported
reported on
23 23 May May 15,
15, 2023 via telephone.
telephone.
24 24 3rd Violation Violation Report (Aug. 7, 7, 2023).
2023).
25 Due to his
his absence
absence at
at aa scheduled
scheduled Progress
Progress Hearing,
Hearing, the
the court
court issued
issued aa bench
bench warrant
warrant
26 26
27 against the Defendant. See Progress Progress H'rg
H'rgMims.
Mins.at
at2220: 14PM (Oct.
2:20: 14PM (Oct. 24, 2023). On On July
July 23, 2024,
27
28
Decision Decision & Order People's Motion Order Re. People's Motion to to Revoke
Revoke Defendant's
Defendant's Probation
Probation
People v. Brel, CM0137-21 & v. Bret, & CF0513-21 CF05l3-21
Page 4 of
of99
the warrant was was returned
returned after
after the
the Guam
Guam Police
Police Department
Department arrested.the
arrested Defendant
Defendant "on new
new
1
22 charges (Terrorizing and Family Violence)."
Violence)." Return
Return of
ofWarrant
Warrant Service
Service (July
(July 23, 2024).
3 The People filed filed its
its Motion
Motion to
to Revoke
Revoke the
the Defenda nt's Pr
Defendant's oba
Probation aand Impose
Impose Ja
Jail
4 Sentence ("Motion to Revoke") on on September
September 4,
4, 2024.
2024. The
The Defendant
Defendant subsequently
subsequently filed his
5 Opposition to the Motion to Revoke ("Opposition") on September September 18,
18, 2024.
6
During the Defendant's
Defendant's first
first Revocation
Revocation Hearing
Hearing on
on October
October 29,
29, 2024,
2024, the court ordered
7
88 Services and that Client Services and Family Counseling Division arrange arrange a Forensic Evaluation Evaluation upon the
9 9 Defendant's request. SeeRevocation RevocationH'rg
H'rg Mins.
Mims. at
at 10:03:54AM
10:03:54AM (Oct. 29,
request. See 29, 2024).
2024). The
The parties
parties
10 10 acknowledged their acknowledged their receipt ofthe receipt of the Forensic Evaluation Evaluation in
in the Defendant's Status Hearing held on Defendant's Status
11 11 November 20, 2024.
12 12
13 13 At the
the recent
recent "Revocation Hearing on Revocation Hearing on December 17, 17, 2024,
2024, Probation
Probation recommended
recommended
14 14 revocation after addressing his after addressing his violations violations and
and outstanding
outstanding conditions.
conditions. See
See Rev.
Rev. H'rg Mins. at
at
15 15 2:26:54 :2 6 :5 4 -- 330:36PM 0 :3 6 P M (D ec. 117,
(Dec. 7 , 22024).
0 2 4 ). Aft
After the P People's
er t he eop le' s concu r r ence wit concurrence h PProbation's with r ob a t ion' s
16 16 recommendation, recommendation, the Defendant Defendant requested
requestedthat
thathe
henot
notbe
berevoked
revokedatatthis
this time.
time. Id. at
at 2:30:55 -
17 18 33:44PM. But if the court felt felt inclined
inclined to revoke his probation, he asked that the court not not impose
18
19 19 the full sentence allowable under under statute.
statute. Id. After hearing the parties'
parties' arguments,
arguments, the
the Court
court took
20 20 the matter under advisement. 21 DISCUSSION
22 22 If the' If court finds
the- court finds that
that the
the Defendant
Defendant has
has "inexcusably
"inexcusably failed to comply with aa substantial substantial
23 23 24 requirement imposed as requirement imposed as a condition condition of
of the
the order,"
order," it may revoke
revoke probation
probation and sentence
sentence or
24
25 25 resentence resentence the the offender.
offender. 99 GCA
GCA §§ 80.66(a)(2). If aa court 80.66(a)(2). If court chooses chooses to
to revoke
revoke probation,
probation, the
the court
court
26 26 may may sentence the defendant sentence the defendanttotoany anysentence
sentencethat
thatit itmay
mayhave
haveoriginally
originally imposed.
imposed. 99 GCA
GCA §§
27 27 80.66(b). However, However, it shall
shall not
not revoke
revoke probation
probation for
for aa defendant's
defendant's violation of a condition unless 28
1 Decision
Decision &
&Order
Order Re.
Re. People's
People's Motion
Motionto
to Revoke
Revoke Defendant's
Defendant's Probation
People People v. Bret,CM0137-21
Brei, CM0137-21 & cF0513-21 CF0513-21
Page Page 5 of9 the court determines that revocation "will "will best
best satisfy
satisfy the ends
ends of
of justice and
and the best
best interests of
of
1
22 the public"
the public" under under all
all circumstances.
circumstances. 99 GCA
GCA §§ 80.66(a)(2).
80.66(a)(2).
3 The Supreme Court Court of
of Guam
Guam held
held that
that "probation
"probation is
is aa favor
favor granted
granted by the
the state,
state, not a
4 u . n u . . .
which aa criminal defendant is entitled."
right to whlch People v.
entitled." Peopl v. Camacho, 2009 Guam 6 1]26 (quoting,r 5 v. State,
Parker v. State, 676 N.E.2d 1083, 1085 (Ind.
(Ind. Ct.
Ct. App.
App. 1997)).
1997)). To
To revoke
revoke aa defendant's
defendant's probation,
6
7 the court must make two determinations.
determinations. First, the court must "make "make aa factual determination that
8 a violation of of aa condition
condition of
of probation
probation has
has actually
actually occurred."
occurred." Camacho,
Camacho, 2009 Guam ,r 27 Guam 6611
99 (quoting Parker, Parker, 676 N.E.2d 1083
1083 at 1085).
1085). If the violation
violation is proven, then the court court must
must
10 . . . . .
if the violation
"determine if warrants revocation vlolatlon warrants revocatlon of probation." Id of probation." Id
11 II C. Defendant
DefendantBrel
Brei violated
violated the
the conditions
conditions of
of his probation.
12 12
13 13 The standard for determining whether whether aa probationer violated a condition of of probation is
14 14 that "the evidence and and the
the facts
facts be such
such as
as reasonably
reasonably necessary
necessary to satisfy
satisfy the judge that the 15 15 probationer's conduct has not been as as required by the conditions of of probation." Camacho,
Camacho, 2009
16 16 ,r 30 (quoting
Guam 6611 People v.
(quoting People 10 ii,r 7).
v. Angoco, 1998 Guam 10 7). When When facing
facing revocation,
revocation, "the
17 17 defendant bears bears the
the burden of showing an excuse for failure failure to
to comply
comply with
with the
the condition."
condition." Id
18 18
19 19 (quoting State State v. Peters, 609 A.2d 40, 43 (N.J. 1992)).
v. Peters,
20 In this this case,
case, the Defendant
Defendant accumulated
accumulated nine violations. However, three violations. However, three of the nine 21 violations were the same violation violation reports filed in both both CF0513-21
CF0513-21 and CMOl37-21.
CM0137-21. The court
court
22 can factually determine that all these violations actually factually determine occurred after actually occurred after reviewing reviewing the court's
23 23 24 record of of events. For instance, the the court's record indicates several times that the Defendant failed 24
25 25 to appear for required required court hearings,
hearings, which
which at
at times,
times, would
would result in the court's issuance of of a
26 26 warrant. The warrant. The court court can
can also
also make aa factual
factual determination
determination that
that the violations
violations occurred
occurred from
27 27 Probation's Probation's testimony testimony on
on the Defendant's
Defendant's history
history with
with probation
probation since
since March
March 2022. Based on the
28
Decision Decision &
& Order Re. People's
Order Re. People's Motion MotiontotoRevoke
RevokeDefendant's
Defendant's Probation
Probation
People v.
v. Brei,
Bret,CM0137-21 & CF0513-21 CF0513-21
Page Page 66of9
off
violation reports, violation reports, Probation's Probation's testimony the Revocation at the
testimony at Hearing, and Revocation Hearing, the parties'
and the arguments, parties' arguments,
1
2 2 the court finds that the Defendant that the Defendant has violated multiple has violated conditions of his multiple conditions probation on several his probation
3 occas10ns..
occasions 4 B. Defendant DefendantBrel's
Brel'sviolations
violations warrant revocation of probation.
warrantrevocation
5 With With regard
regard to
to probation the Supreme revocation, the
probation revocation, ofthe Supreme Court of United States the United has noted States has
6
7 that "the State State clearly
clearlyhas
has an
an interest
interest in often be punishment and deterrence, but this interest can often in punishment
7
8 sewed served fully fully by
by alternative
alternative means ... [T]he means ... notpowerless stateisisnot
[T]hestate enforcejudgments powerlesstotoenforce against judgments against
9 9 those financially For example, unable to pay a fine. For financially unable the sentencing court could extend the example, the time for the time
10 10 . . I making payments, or reduce the payments, or fine, or the fine, direct that
or direct theprobationer thatthe performsome probatlonerperform font of someform labor or
of labor or
11 of the
public service in lieu of fine." Bearden v.
the fine." U.S. 660, v. Georgia, 461 U.S. 671-72 (internal 660, 671-72 citations (internal citations
12 12
13 13 and quotations quotations omitted).
omitted).
14 14 As mentioned As mentioned earlier, the the court findsthat probation ififititfinds
court may revoke probation the probationer thatthe has probationer has
15 15 "inexcusably "inexcusablyfailed failedto
tocomply substantial requirement withaasubstantial
complywith condition of requirement imposed as aacondition the order."
of the order."
16 16 9 9 GCA GCA §§80.66(a)(2).
80.66(a)(2).In
Inother
otherwords,
words, aa probationer's
probationer's violation
violationofofprobation
probationwarrants revocation warrants revocation
17 17 18 when the violation upsets the intent of the probation conditions. In Camacho, violation upsets the Supreme Court Camacho, the
18
19 19 of ofGuam that the Guam held that theprobationer's probationer's failure to report for to report drug testing for drug was serious testing was enough to warrant serious enough
20 20 revocation Camacho, 2009 Guam treatment. Camacho,
was treatment.
violated was
condition being violated
revocation when considering the condition 21 il 32. 6 1] 32. Despite Despite not
not paying
paying the
the fine
ire as
asrequired Guam Supreme Court of Guam
the Supreme
probation, the
under probation,
requiredunder
22 reasoned that that failure
failure to pay a fine alone alone was not as
was not for drug as serious as not reporting for tests, because drug tests,
23 23
the defendant defendant was was convicted
convicted of ding-related and had offensesand
drug-related offenses listed as a probation of had drug testing listed of 24 24 \
25 condition condition to ensure remainedsober.
defendant remained
ensure the defendant sober.Id.
Id
26 Unlike the outstanding: fine, remain outstanding:
case remain
this case in this
the probationer
probationer in Camacho,
Camacho, all conditions
conditions in line, 27 . . . . .
court costs, treatment. During costs, community service, and treatment. the Revocation Durlng the hearing, the Revocatlon hearing, Defendant, the Defendant,
28
Decision & Order Re.
Re. People's
People's Motion
Motion to
to Revoke
Revoke Defendant's
Defendant's Probation
Probation
People v.
v. Bret,CM0137-21 CF0513-21I Brei, CM0l37-21 & CF0513-2 Page 7 of9 through his counsel, through his conceded that counsel, conceded that there there was
was nothing
nothing he
he could honestly say to
to argue
argue against
against
1
2 2 revocation. See Rev. H'rg H'rgMins.
Mins.atat2:30:55
2:30:55 .-
- 33:44PM (Dec.
(Dec. 17,
17, 2024).
2024). However,
However, the
the Defendant
3 asked the the court
court to
to consider his
his upbringing
upbringing and
andhistory
history when
when deciding
deciding a sentence
sentence to
to impose.
impose. Id.
Id.
4 Although treatment
treatment is not
not the
the substantial requirement imposed substantial requirement imposed as as aa condition
condition for the
the
5 Defendant like inCamacho, substantial requirement inboth Camacho, the substantial and CF0513-21 was both CM0137-21 and
6 7 for for the the Defendant Defendant to stay
stay away from the
the named victim. Over
Over the
the past
past four years, the court gave 7
8 8 the the Defendant Defendant multiple multiple opportunities before considering opportunities before considering revocation, revocation, such
such as releasing
releasing the
the
9 9 Defendant from confinement to complete his conditions and andfollow
follow the Stay-Away
Stay-Away order.
order. Instead,
10 10 the Defendant violated the Stay-Away violated the Stay-Awayorder orderofofthe
thecourt,
court; and
and picked
picked up
up new
new criminal
criminal matters
matters as
as
11 a result.
result. He also absconded absconded from
from the
the court
court for
for about
about nine
nine months
months based
based on
on the most
most recent warrant
12 12
13 1 that was returned on July July 23, 2024.
2024.
14 14 Unless the court determines determines that
thatrevocation
revocation"will
"will best
best satisfy
satisfy the
the ends
ends of
ofjustice
justice and
and the
15 15 best interests of the public"
interests of public" under under all
all circumstances, the court circumstances, the court shall shall not
not revoke probation for
16 16 violating aa probationary violating condition. 99 GCA probationary condition. GCA §§ 80.66(a)(2).
80.66(a)(2). The
Thecourt
courtacknowledges
acknowledges that
that his
his last
last
17 17 18 violation and and warrant were both
warrant were both filed back in 2023.
2023. Although it has
has been two years
years since
since the
18
19 19 Defendant has has violated
violated his probation,
probation, it is
is unclear
unclear whether that
that is based
based on
on a positive
positive change in
20 attitude or if it is is due to his confinement at the the Department
Departmentof
of Corrections since he was committed 21 on July 23, 2024.
July 23, 2024. The The Defendant
Defendant did
did not
not make
make this
this clear
clear at
athis
hisRevocation
Revocation hearing.
hearing. The court is
22 22 not convinced that the the Defendant
Defendant is
is ready
ready to
to change
change and
andaccept
acceptresponsibility
responsibility for
for his criminality
23
24 in both both cases.
cases. Because the Defendant Because the has inexcusably Defendant has inexcusablyfailed failed to
to comply with
with treatment
treatment as a
24
25 25 substantial condition of substantial condition of his probation, probation, the
thecourt
courtfinds
findsthat
thatrevocation
revocationof
of the
the Defendant's
Defendant's probation
26 26 will will best best satisfy
satisfy the
the ends ofjustice
ends of justice and
and the
the best interests
interests of the public. Therefore, Therefore, the
the court
court grants
grants
27 . .
the People's Motlon the People's Motion to to revoke
revoke the
the Defendant's
Defendant's probation.
probation.
28
Decision Decision &&Order
Order Re.
Re. People's
People's Motion
Motionto
to Revoke
Revoke Defendant's
Defendant's Probation
People People v. Bret, CM0137-21 v. Brei, CM0137-21 & CF0513-21 Page Page 8 of9
CONCLUSION
2 For the reasons stated above, the Court hereby REVOKES the Defendant's probation in
3 the above-captioned matter. The Court shall issue a Judgment concurrent with this Decision and 4 Order revoking the Defendant's probation, and imposing the remainder of the Defendant's 5 sentence.
6
7
8 No further proceeding is scheduled before this court. 9
10 SO ORDERED this .
MAR 1,7 2025 .
11 ----------- 12
13
14
15 HONORABLE ALBERTO E. TOLENTINO 16 Judge, Superior Court of Guam 17
18
19
20
21
22 SERVICE VIA EMAIL
I acknowledge that an electronic 23 r-. .~. copy of the original was e-mailed to:
24 l+G.,8:PD 25
26
27
28
Decision & Order Re. People's Motion to Revoke Defendant's Probation People v. Brei, CM0137-21 & CF0513-21 Page 9 of9