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C!.ER%€ CF COURT
1 2925: DECfHE 202l: DEC 6 FPr1 82: us
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4
5 IN THE SUPERIOR COURT COURT OF
OF GUAM
GUAM
6 ) CRIMINAL CRIMINAL CASE NO.
no. CF0579-16
7 PEOPLE OF GUAM, GUAM, ) GPD Report GPD Report No.
No. 16-22736
16-22736
)
8 vs. ))
))
9 ) DECISION & ORDER )) RE. PEOPLE'S PEOPLE'S MOTION
MOTION TO REVOKE
10 JASON RICHARD RICHARD CAMACHO,
CAMACHO, DEFENDANT'S PROBATION aka Jason Santos Camacho ))
11 11 DOB:
DOB:01/02/1982 01/02/1982
)) )
12 12 ))
Defendant.
)
13 1 ________ _ _ _)))
14 14
This matter came before
matter came before the
the Honorable
Honorable Alberto
Alberto E.
E. Tolentino on
on October
October 3,
3, 2024,
2024, for a
a
15 15
16 16 Revocation Revocation Hearing.
Hearing. Defendant
Defendant Jason Camacho("Defendant")
Jason Richard Camacho ("Defendant") was was present
present with
with counsel
17 17 Public Defender Defender Renita
Renita Taimanao-Munoz. Assistant Attorney General General Aaron
Aaron Boyce
Boyce was
was present
present
18 18 for for the People People of
ofGuam
Guam ("People").
("People").During
Duringthe
thehearing,
hearing,the
thecourt
courtheard
heardthe
the parties'
parties' arguments
arguments on
19 19 the People's People's Motion Motion to Revoke the Defendant's Probation Probation("Motion").
("Motion"). Following
Followingthe
thehearing,
hearing, the
20
21 court took took the matter under
underadvisement
advisement pursuant
pursuanttotoSupreme
SupremeCourt
Courtof
ofGuam
GuamAdministrative
Administrative Rule
Rule
22 06-001, CVR 7.l(e)(6)(A)
06-001, CVR 7.l(e)(6)(A) and andCR
CR1.1
1.1ofofthe
theLocal
LocalRules
Rulesofofthe
theSuperior
Superior Court
Court of
ofGuam.
Guam. Having
23 23 duly considered considered the parties' briefings, briefings,oral
oralarguments,
arguments,and
and the
the applicable
applicable law,
law, the
the court
court now
now issues
issues
24 24 this Decision Decision and
andOrder
OrderGRANTING
GRANTING the
the People's
People'sMotion
Motionto
toRevoke
Revokethe
the Defendant's
Defendant's Probation.
Probation.
25 \\ 26 26
27 \\
28 \\
Decision && Order Decision Order Re.
Re. People's
People's Motion
Motionto
to Revoke
Revoke Defendant's
Defendant's Probation
People l People v. Camacho, CF0579-16 Page l1 of Page of 11
BACKGROUND
1
2 A. The TheDefendant's
Defendant's Pre-trial
Pre-trial Violations
Violations
3 On On October 3, 2016,
2016,the
theDefendant
Defendantwas
wascharged
chargedwith
withPOSSESSION
POSSESSIONOF
OFAASCHEDULE
SCHEDULE
4 1 . .
CONTROLLEDSUBSTANCE II CONTROLLED SUBSTANCE(As(As a 3rd a 3rd Degree
Degree Priortotothe Felony).Poor Felony).1 theDefendant's Defendant's revocation
revocation
5 hearing, theProbation hearing, the ProbationServices ServicesDivision
Division("Probation")
("Probation") filed a total total of
of six (6) violations while on 6
7 pre-trial status againstthe status against theDefendant.
Defendant.For
Forthe
thefirst
first violation, the
the report
report indicated
indicated that:
that:
7
8 Defendant failed to Defendant failed to report to the probation report to office three probation office three times times weekly for
for drug
drug
testing. The
The defendant
defendant is ordered to to report reportto
to Probation
Probationevery
every Monday,
Monday, Wednesday,
9 and Friday. He last reported and Friday. reported to to the probation office the probation office for for intake
intake and
and processing on
10 10 November November8, 8, 2016.
2016. To
Todate,
date, he
he has
has not
not reported.
reported. Numerous
Numerous attempts
attempts were made to
contact the defendant but unsuccessful.
unsuccessful.
11 1st Violation Report 1st Violation Report(Jan.
(Jan. 27,
27, 2017). The
The court
court issued
issued its first bench
bench warrant for the
warrant for the Defendant's 12 12
13 13 arrest on January 30,2017, January30, 2017,which
whichwas
wasreturned
returnedon
onFebruary
February 21, 2017.22At
21, 2017. Atthe
theReturn
Returnof
of Warrant
14 14 hearing on February February 27,
27, 2017,
2017,the
thecourt
courtdecided
decidedto
tohave
havethe
theDefendant
Defendantserve
serveaalittle
little more
more time to
15 15 the Department Departmentof of Corrections
Corrections ("DOC")
("DOC") due
dueto
tohim
himbeing
beinggone
gonefor
forapproximately
approximatelythree
three and
and a half
16 16 months. Returnof months. Return of Warrant WarrantH'rg
H'rg Mins.
Mims.at
at9:35 :36AM (Feb. 27, 2017).
9:35 :36AM 2017). However, However, the court released 17 17 18 himonMarch21,2017.
March 21, 2017.
18
19 For For the second violation, violation, the
the report
report indicated
indicated that:
that:
20 20 1.
1. Defendant
Defendant failed
failed to
to report
report ex
3x weekly
weekly inin person
person to the
the Probation Office. The Probation Office.
defendant failed to report report on
on April
April10,
10,12,
12,14,
14, 17
17 and
and 19,
19, 2017. The defendant
defendant
21 last report on April
April 7,
7, 2017.
22 22 2nd (Apr. 20, 2017). Due to Probation filing aa second 2nd Violation Report (Apr- second violation violation against
against the
23 23
24 Defendant, the court court issued
issued another warrant for his arrest on April 24, 2017.
another bench warrant 2017. After the the
24
25 25 warrant was returned warrant was returned on on May
May 16,
16, 2017,
2017, the court
court addressed the violation but addressed the but committed committed the
26
27 27
28 28 11 Indictment Indictment (Oct. 3, 2016). 22 The The case case was
was assigned
assigned to
to the
the Honorable
Honorable Vernon
Vemon P. Perez between September 26, 2016, and January 1, 2018.
Decision Decision &&Order
Order Re.
Re. People's
People's Motion
Motionto to Revoke
Revoke Defendant's
Defendant's Probation
People People v. Camacho,CF0579-16 CF0579- l
Page2 Page 2 of
of 11
11 ·
Defendant to to serve time at DOC until until his release on May 30, 30, 2017.
2017. Pre-Trial
Pre-Trial Conference
Conference Mims.
Mins.
1
2 2 at 10:41: :10AM 10AM(May
(May 23, 2017). For
For the third violation,
violation, the
the report
report indicated
indicated that:
that:
3 1.
1. Defendant
Defendant failed
failed to
toreport
report to
to the
the Probation
Probation Office
Officeupon
upon his
his release
release from
from the
the
Department Department of of Corrections.
Corrections.The The defendant defendantwas wasreleased
releasedfrom
fromthetheDepartment
Deptment
4 of ofCorrections
Corrections on
on May
May 30,
30, 2017.
2017. On On Monday
Monday JuneJune 12, 2017, 2017, II confirmed with
5 Officer OfficerSugiyama
Sugiyama from
from DOC
DOCwho whoverified
verifiedthat
thatthe
thedefendant
defendant was
was released
released on
May May 30,
30, 2017
2017 and
and is not being held
held on
on another
another case.
6
3rd Violation Violation Report
Report(Jame
(June 12,
12, 2017).
2017).On
OnJune
June 13,
13, 2017,
2017, the
the court
court issued
issued a bench warrant
warrant for
for the
7
8 8 Defendant's arrest.
arrest. Bench Warrant (June 14, 2017). The warrant (June 14, warrant was returned returned on October 31,
9 9 2017, which the the court
court addressed
addressedon
onNovember
November 15,
15, 2017.
2017.Upon
Upon his
his release
release from
from DOC
DOC on
2017, which on 10 10 December 4, December 4, 2017, 2017, Probation
Probation filed
filed aa fourth
fourth violation
violation report
report indicating
indicating that:
that:
111 1
1. 1. Defendant
Defendant failed
failed to
to report
report ex
3x aa week
week in
in person
person to
to the
the Probation Office. The Probation Office.
12 12 defendant defendant was released from confinement on December 4, 2017. However, was released from confinement on December 4, 2017.
13 1 since his release
release he
he was
was yet
yet to
to report
reportto
to the
theProbation
ProbationOffice
Office
14 14 4th Violation Violation Report
Report(Dec.
(Dec.15,
15,2017).
2017).The
Thecourt
courthen
thenissued
issuedanother
another bench
bench warrant on December 15 15 18, 18, 2017, which which was not returned until April returned until April 4, 2018. 3 During the Return of Warrant hearing, the 4, 2018.3
16 16 court vacated the the warrant
warrantbut
butrevoked
revokedthe
theDefendant's
Defendant'spre-trial
pre-trialrelease.
release.Return
Returnof
of Warrant
WarrantHr'g
Hr'g
17 17 18 Mims. at 11:3 Mins. at :31I:42-32:47PM :42-32:47PM (Apr.
(Apr. 5, 2018). That
That same day, the
the Honorable
Honorable Benjamin C. Sison held 18
19 19 a Magistrate Hearing for the Defendant's new criminal charge in Criminal Criminal Case No.
No. CF0212-18,
CF0212-18;
20 20 Probation reported reported aa fifth
fifth violation based on this new new case.
case. For the
the fifth
fifth violation,
violation, the
the report
report
21 indicated that:
that:
22 1. 1. Defendant
Defendantfailed
failedtotoobey
obeyall
alllaws.
laws.On
OnApril
April5,5,2018,
2018,aaMagistrate
Magistrate Hearing
Hearing was
was
23 23 held held before
before the
the Honorable
Honorable Benjamin
BenjaminC. C.Sison
SisonWat
wat which
which time
time the
the defendant was
charged in
in CF
CF 212-18
212-18with
withthe
thefollowing:
following:
24
25 1.
1. Theft
Theftby
byReceiving
ReceivingStolen
StolenProperty
Property(As 2nd Degree (Asaa2nd Degree Felony)
Felony)
26 26 5th Violation Violation Report (Apr. 16, 16, 2018).
27
28 28 33 While awaiting the While awaiting the warrant's warrant's return, the
the case
case was
was then
then assigned
assigned to
to the
the Honorable
Honorable Anita
Anita A.
A. Sukola on January 1,
2018..
Decision Decision &
&Order
Order Re.
Re. People's
People's Motion
Motionto toRevoke
Revoke Defendant's
Defendant's Probation
People People v. Camacho,
Camaeho, CF0579-16 Page Page 3 of
of 11
On June 25, 2018,
2018, the
the court
court released
released him
him on
on certain
certain conditions,
conditions, including
including checking in with 1
2 Probation, staying away from his co-defendant, co-defendant, and
and abiding
abiding with
with his
his curfew
curfewrestriction.
restriction. Crum.
Crim.
3 Trial Setting Mims. at 9:21:58-24:1 Mins. at 9:21 :58-24: 1lAM lAM(June
(June25,
25,2018).
2018).Because
Becausethe
theDefendant
Defendant failed
failed to
to follow
follow
4 . . . . .
check in wlth with probation, the court issued another bench bench warrant for
for the
the Defendant's
Defendant's arrest. Cum.
arrest. Crim.
5 Trial Setting Mims. at 9:49:08AM Mins. at 9:49:08AM (Aug.
(Aug. 7,
7, 2018).
2018). This
This bench
bench warrant was returned on January 6 10, 10, 2019. Probation then filed a sixth violation against the Defendant. The report indicated that:
7
8 1.
1. Defendant
Defendantfailed
failedtotoobey
obeyall
alllaws.
laws. On
OnJanuary
January 9,
9, 2019,
2019, aa Magistrate's Hearing was held before the Honorable Jonathan R. Quan at which time the defendant 9 was charged in CF 13-19 with thethe following:
10 10 1. Theft
Theftby
byReceiving
Receiving(As 2nd Degree Felony)
(Asaa2"d
11 11 NOTICE: Commission NOTICE: Commission of
of aFelony
FelonyWhile
While on
on Felony
Felony Release
Release
12 12
13 13 6th Violation Report (Jan. 14, 2019).
2019). On
On March 18, 2019,
2019, the
the Defendant
Defendant entered his guilty plea
14 14 as to the charge charge of POSSESSION
POSSESSION OF
OF A
A SCHEDULE II CONTROLLED SUBSTANCE (As a
15 15 Third Degree Felony) after he established his understanding and agreement to the conditions of of
16 16 his probation. Change of of Plea
Plea H'rg
H'rg Mims.
Mins. 11:28:02-50:06AM
11:28:02-50:06AM (Mar.
(Mar. 18,
18, 2019).
2019). Pursuant to the
17 17 18 Plea Agreement, the court sentenced him him to
to serve
serve five
five (5)
(5) years
years of
of incarceration,
incarceration, which was all 18
19 19 suspended suspended with credit credit for time served. Plea Plea Agreement
Agreement (Mar.
(Mar. 18,
18, 2019).
20 20 B. The B. TheDefendant's
Defendant'sPost-Judgment
Post-Judgment Violations
21 Upon the
the court's
court's acceptance
acceptance of
of Defendant
Defendant Camacho's
Camacho's guilty
guilty plea,
plea, the court
court filed the
22 Judgmentof Judgment of Conviction Conviction and
and released
releasedhim
himfrom
from DOC.
DOC. Unfortunately,
Unfortunately, Probation
Probation filed
filed a total
total of six
23
24 (6) post-judgment violations against the Defendant Defendant with the first violation being issued less than 24
25 25 a month after the court accepted his guilty plea.
26 \\ \\ 27 27 \\ \\ 28
Decision Decision &
&Order
Order Re.
Re. People's
People's Motion
Motionto to Revoke
Revoke Defendant's
Defendant's Probation
People People v.
v. Camacho,CF0579-16
CF0579- l
Page Page 4 of
ofI11
For the first violation, the the report indicated
indicated that the
the Defendant:
Defendant:
1
2 1. Failed 1. Failedtotoreport
reporttoto the
the Probation
Probation Office
Office for
for three times weekly
weekly drug
drug testing. The
probationer isis required required to to report for for drug
drug testing
testing every
every Monday, Wednesday,
3 Friday, and as instructed and failed report on the following dates: March 22, 25, 27, 29;
29, April l,
1, 3,
3, 5,
5, 8, 2019.
4
5 1st Report (Apr.
let Violation Report (Apr. 9, 2019). One month month later,
later, Probation filed another violation. For the
6 second violation, the report indicated that the the Defendant:
7 Failed to report to
to the Probation Office
Office for three
three times weekly drug
drug testing.
testing. The
8 probationer probationer isis required required to to report
report for drug testing
testing every
every Monday,
Monday, Wednesday,
Wednesday,
Friday, and as instructed instructed andand failed
failed report
report on
on the
the following
following dates:
dates: entire
entire month of
of
9 April 2019, April2019;May l,1,3,6,8, 3, 6, 8, 10,
10, 13,
13, 15,
15, 17, 20, 22, 24, 28, 2019.
17,20,22,24,28,2019.
10 10 2nd Violation Report (May Violation Report (May29, 29, 2019).
2019). As
Asaaresult
result of
ofthe
the Defendant's
Defendant's second
second violation,
violation, the
the court
court
11 11 issued another bench bench warrant
warrant against
against the
the Defendant.
Defendant. Before the warrant was returned, Before the returned, Probation Probation
12 12
13 13 filed a third violation violation reporting
reporting that
that the
the Defendant
Defendant violated
violated following
following conditions:
14 1.
1. Failure to report to
to Guam
Guam Behavioral Health & Wellness Center Center for intake and
assessment.
15 2. Failure to
to attend 24
24 recovery
recovery support meetings.
16 16 3. Failure to to make monthly payments
payments to
to fine
fine and
and court
court cost
cost of
of $5080.00.
4. Failure to
to perform
perform 150 hours
hours of
of community
community service.
17 17 [3rd] Violation Violation Report
Report (June
(June 10, 2021). 4 Two years later, the warrant was 10, 2021).4 was returned on August 24, 18
19 19 2021, which led Probation to File file aa fourth
fourth violation
violation for
for the
the Defendant's:
Defendant's:
20 1.
1. Failure
Failure to refrain
refrain from consuming
consuming illegal
illegal controlled
controlled substances,
substances, specifically
specifically
methamphetamines. On August 24, 2021, methamphetamines. 2021, the probationer probationer was arrested
arrested on a
21 warrant of arrest by
by the
the Marshal/Probation
Marshal/Probation task
task force.
force. He
Hesubsequently
subsequently admitted
admitted
22 22 using "meth"
to using "met" andandprovided providedaawritten
written declaration.
declaration.
23 23 This is considered his first positive since being placed on probation. 24 24 [4th] [4th] Violation Report (Aug.
Violation Report (Aug. 24, 2021).
2021). During
During a Violation
Violation Hearing
Hearing before
before the
the Honorable
Honorable
25 2.5
Jonathan R.
R. Quan,
Quan, the court released addressedthe released addressed theviolations violations and ordered the Defendant to serve 26
27
28 4 The 4 revised the the Defendant's
Defendant's mislabeled third through through sixth
sixth violation
violation reports.
The court revised reports.
Decision Decision &&Order
OrderRe.
Re. People's
People's Motion
Motionto to Revoke
Revoke Defendant's
Defendant's Probation
People People v.
v. Camacho,CF0579-16
CF0579-16
Page Page 5
5 of
of 11
time at DOC until until his
his release
release on
on October
October14, 2021.55 Violation 14,2021 Violation H'rg H'rg Mims.
Mins. at 3:10:16PM
3:l0: l 6pM (Sept. 3,
1
22 2021). For the the fifth
fifth violation,
violation, the
the report
report indicated
indicated that
that the
the Defendant's:
Defendant's:
3 1.
1. Failure
Failuretotoreport
reportto
to the
the Probation
Probation Office
Office in
in person
person once
once aa week.
week. He
He last reported
on April 20, 2022.
4
5 [5th]
[5th] Violation Report (June 8, 2022). The court court subsequently
subsequently issued another another warrant for the
66 Defendant's Defendant's arrest arrest on June 13,
13, 2022, which was returned on July 29, 2024.
2024. Upon the warrant's
7 . . . . .
return, Probation return, Probatlon filed filed a sixth
sixth violation
vlolatlon reporting the
the Defendant's:
Defendant's:
8 1. Failure
Failuretotoobey
obeyall
allthe
thelaws
lawsof
ofGuam.
Guam. On
OnJuly
July 27,
27, 2024,
2024, a magistrate complaint 9 was filed against the Defendant, in the Superior Superior Court of
of Guam, for the charge
10 of of Fraudulent Use of a License Plate (3rd Degree Felony) that occurred on or about July 27, 2024, in CF0526-24.
11 2. Failure
Failuretotoobey
obeyall
allthe
the laws
lawsof
ofGuam.
Guam. On
OnJuly
July 27,
27, 2024,
2024, aa magistrate complaint 12 12 was filed against the Defendant, in the Superior Superior Court of
of Guam, for the charge
13 1 of of Possession of a Schedule II Controlled Substance Substance (3rd Degree Felony) that occurred on or about August August 24, 2021, in CF0527-24.
14 14 3. Failure
Failuretotoobey
obeyall
allthe
thelaws
lawsof
ofGuam.
Guam. On
OnJuly
July 27,
27, 2024,
2024, aa magistrate complaint 15 15 was filed against the Defendant, in the Superior Superior Court of
of Guam, for the charge
16 16 of of Possession of a Schedule II Controlled Substance (3rd Degree Felony) that occurred on oror about July 27, 2024, in CF0528-24.
17 17 [6th] [6th] Violation Report (July 31, 2024).
2024). The court subsequently appointed the Public Defender Defender
18 18
19 19 Service Corporation ("PDSC") after granting Attorney John C.
C. Terlaje's
Terlaje's withdrawal. Withdrawal
20 to & Order (Aug. 1, 1, 2024).
21 On September
September 18, 2024,
2024, the
the People
People filed
filed its
its Motion
Motion to
to Revoke
Revoke the
the Defendant's
Defendant's Probation
22 and Impose Impose Ja Jail Sentence
Sentence ("Motion").
("Motion"). In
In rresponse,
esponse, the
the Defenda nt subsequently Defendant subsequently filed filed his
his
23 23 24 Opposition Opposition to the Motion on September September 27,
27, 2024. The court then set the matter for a Revocation 24
25 25 Hearing on October October 3, 2024.
26 26 \\ \\ 27 27
28 5 Although this Violation Hearing was before the Honorable Jonathan R. Quam, the Honorable Alberto E. Tolentino 5 28 Although this Violation Hearing was before the Honorable Jonathan R. Quan, the Honorable Alberto E. Tolentino was assigned to this this case
case on
on September
September28,
28, 2021
2021..
Decision Decision &
&Order
Order Re.
Re. People's
People's Motion
Motionto to Revoke
Revoke Defendant's
Defendant's Probation
People People v.
v. Camacho, CF0579-16
Page Page 6 of
of 11
C. The
TheDefendant's
Defendant's Revocation Hearing Revocation Hearing
1
2 .At the Defendant's At the Defendant's Revocation Hearing, the People argued that the Defendant has failed
3 to take his probationary probationary conditions seriously, including obeying all the laws of of Guam, failure to
4 . . .
report, and report, and continued continueddrug
druguse.
use.Revocation
RevocatlonH'rg
H'rg Mins.
Mlns. at
at 2:33:39-34:0lPM
2:33:39-34:01PM (Oct. 3, 2024).
2024). And
And
5 because of this, the Defendant may not not be
be deemed
deemed aa good
good candidate
candidate for
for continued
continued supervision
supervision
6 7 7 probation. Id.
under probation. Id at at 2:34:00-34:09PM.
2:34:00-34:09PM. On the other other hand, the Defendant argued argued that
that 'just
'just
88 because a violation occurs does not necessarily necessarily mean that the court will issue a revocation"
revocation" unless
9 all circumstances, now existing, existing, show that revocation circumstances, now revocation of probation would satisfy probation would satisfy the the ends of
of
10 justice and that it is in in the
the best
best interests
interests of
of public.
public. Id.
Id. at
at 2:34:44-35:06PM.
2:34:44-35:06PM. After hearing the 11 arguments, the court took parties' arguments, took the matter under advisement.
12 12
13 13 DISCUSSION
14 14 If the court finds finds that the Defendant has has "inexcusably failed to comply with a substantial 115 . . . . , . .
requirement imposed as requirement imposed as a condition condition of the order,
order,"' it may revoke
revoke probation
probation and sentence
sentence or
16 resentence the offender. resentence the offender. 99 GCA GCA §§ 80.66(a)(2).
80.66(a)(2). IfIfaacourt
courtchooses
chooses toto revoke
revokeprobation,
probation, the
the court
court
17 17 18 may may sentence the defendant sentence the to any defendant to any sentence that may sentence that may it
it have
have originally
originally imposed.
imposed. 99 GCA
GCA §§
18
19 19 80.66(b). However, itit shall 80.66(b). However, shall not revoke probation probation for
for violation
violation of a condition
condition unless the court court
20 determines that revocation "will best satisfy the ends ofjustice justice and
and the best interests of the public"
public"
21 under under all all circumstances.
circumstances. 99 GCA
GCA §
§ 80.66(a)(2).
80.66(a)(2).
22 22 The Supreme Court of Guam held that "probation is a favor favor granted by the state, state, not a
23 23 24 right to which a criminal defendant is entitled." People v.
v. Camacho,
Camacho, 2009 Guam 6 1] 26 (quoting 2009Guam6126
24
25 25 v. State, Parker v. State, 676 N.E.2d 1083, 1085 1085 (Ind.
(Ind. Ct.
Ct. App.
App. 1997)).
1997)). To
To revoke
revoke aaDefendant's
Defendant's probation,
26 26 the court must make two determinations. First, the court must "make a factual determination that 27 27 ofaa condition a violation of condition of ofprobation
probation has
has acmally
actually occurred." Guam 66 'll1 27 occurred." Camacho, 2009 Guam 28
Decision Decision &&Order
OrderRe.
Re. People's
People's Motion
Motionto to Revoke
Revoke Defendant's
Defendant's Probation
People People v.
v. Camacho, CF0579-16
CF0579- l
Page Page 7 of
of 11
(quoting Parker, 676 676 N.E.2d 1083 at 1085).
1083 at If the
1085). If the violation
violation isis proven,
proven, then
then the
the court
court must
must
1
2 2 "determine if ifthe
the violation
violation warrants revocation of warrants revocation of probation."
probation." Id.
Id
3 A. The TheDefendant
Defendantviolated
violated the
the conditions
conditions of his probation.
4 The standard for determining standard for determining whether whether a probationer
probationerviolated
violated a condition of probation probation is
5 that that "the evidence evidence and
and the
the facts
facts be
be such
such as
as reasonably
reasonably necessary to satisfy the judge that necessary to that the 6 6
7 7 probationer's conduct has not conduct has not been
been as
asrequired
requiredby
by the
the conditions
conditions of
of probation." Camacho, 2009 probation." Camacho,
8 ,i Guam 6 1]30 (quoting People v. Angoco, 1998 (quoting ,i 7).
1998 Guam 10 1] 7).
9 In this case, the Defendant had the Defendant had accumulated accumulatedsix
six(6)
(6) pretrial
pretrial violations
violations and
and six
six (6)
(6) post-
10 . . . . . .
judgment violations. The judgment violations. The court court can
can make
make aa factual
factual determination
determination that all these these violations
vlolatlons actually
11 occurred, as as evidenced
evidenced by
by the
the Defendant's
Defendant's written declaration to to one
one of
of the violations, a positive 12 12
13 test result for methamphetamines, andadmission methamphetamines, and admissionon onthe
therecord
recordtotohis
hisviolations.
violations. The court also
14 14 points to the seven (7) warrants warrants of
of arrest hadto
arrest that had tobe
beissue
issueasasevidence
evidenceof
ofthe
theDefendant's
Defendant's failure
failure
15 15 to report to probation over over the
the years.
years.Probation's
Probation's violation
violation reports
reports and theRevocation and testimony at the Revocation 16 16 Hearing, Hearing, as well as as the
the Defendant's
Defendant's acknowledgment acknowledgment of
of the
the violations
violations show
show that
that Defendant
Defendant
17
Camacho's conduct Camacho's conduct has required by the conditions of his has not been as required his probation.
probation. Therefore, the the
18 18
19 19 court finds that that the
theDefendant
Defendantviolated
violated multiple conditions of his probation.·
20 20 B. The TheDefendant's
Defendant's violations
violations warrant
warrantrevocation
revocation of probation.
21 With With regard
regard to probation
probation revocation, thethe Supreme Supreme Court of
of the
the United
United States
States has
has noted
22 .
that "the State State clearly
clearlyhas
has an
an interest
interest in
in punishment
punishment and deterrence, deterrence, but
but this
this interest
interest can often
often be
23 23 24 served fully by alternative means...
alternative means ... [T]he [T]hestate
stateisisnot
notpowerless
powerlesstotoenforce
enforcejudgments
judgments against
against
24
25 25 those financially unable unable to pay a fine. For For example,
example, the
the sentencing court could extend the the time
time for
26 26 making payments, payments, or
or reduce
reducethe
thefine, or direct
fine, or direct that
that the
theprobationer
probationerperform
perform some
someform
form of
of labor or
27 27
28
Decision Decision &&Order
Order Re.
Re. People's
People's Motion
Motionto to Revoke
Revoke Defendant's
Defendant's Probation
People v.
v. Camacho,CF0579-16
CF0579-16
Page Page 88 of
of 11
public service in lieu public service lieu of of the
the fine."
fine." Bearden
Bearden v.v. Georgia, 461 461 U.S. 660,
660, 671-72 (internal citations citations
l
2 quotations omitted).
and quotations omitted).
3 As mentioned mentioned earlier, the
the court
court may revoke
revoke probation
probation ififititfinds
findsthat
thatthe
the probationer has
probationer has
4 . . . . . . I.
"inexcusably failed "inexcusably to comply failedto withaasubstantial complywlth requirement imposed substantial requirement condition of imposed as a condition the order."
of the order."
5 9 9 GCA GCA §§80.66(a)(2).
80.66(a)(2).In
Inother
otherwords,
words, aaprobationer's
probationer's violation
violationofofprobation
probationwarrants
warrants revocation
6
7 when the the violation
violation upsets the intent upsets the intent of When facing conditions. When
of the probation conditions. revocation, "the facing revocation,
7
8 defendant bearsthe defendant bears theburden burdenofofshowing
showingan
anexcuse
excusefor
for failure
failure to
to comply condition."
comply with the condition."
9 Camacho, 2009 Guam 6 ,-i1130 Camacho, (quotingState 30 (quoting State v.
v. Peters, 609 A.2d 40, 43 (NJ.
40, 43 Camacho, (N.J. 1992)). InCamacho,
10 10 the Supreme Court of Guam the Supreme held that Guam held the probationer's that the failure to report probationer's failure for drug report for testing was drug testing
11 serious ser enoug h to ious enough warrant
to w evocation when ar ant revocation er ing the considering
hen consid ition being the condition violated wwas eing violated as
12 12
113 treatment. Camacho, 2009 Guam 6 ,-i'll32. treatment. 32.Despite Despite not
not paying as required under probation, paying the fine as
14 14 the Supreme Court of Guam reasoned Supreme Court reasoned that thatfailure
failure to
to pay
pay a fine alone
alone was
was not
not as
as serious as not
serious as
15 15 reporting reporting for drug drug tests,
tests, because the defendant because the of drug-related was convicted of
defendant was offenses and drug-related offenses had and had
16 16 drug drug testing listed as a probation of condition condition to remained sober.
ensure the defendant remained to ensure sober.Id.
Id
17 17
In In this case, the
the Defendant's
Defendant's outstanding
outstanding conditions of probation include: aa fine ofprobation and court fine and
18 18
19 costs, costs; one hundred fifty (150) hours hundred fifty hours of ofcommunity
community service,
service; treatment
treatment with
with Guam Behavioral
Guam Behavioral
20 20 Health and Wellness Center and Wellness Center (GBHWC);
(GBHWC), and
and twenty-four
twenty-four sober meetings. Revocation support meetings.
sober support
21 H'rg H'rgMims.
Mins. at
at 2:28:50-29:20PM
2:28:50-29:20PM(Oct.
(Oct.3,3,2024).
2024).Should
Shouldthe
thecou1"c allow him, the Defendant now court allow
22 has until has terms based probationary terms
his probationary
complete his to complete
2027 to
until 2027 onthe basedon tolling period.
thetolling at 2:35:40-
Id. at
period. Id. 2:35:40-
23 23 35:47PM. During his Revocation RevocationHearing,
Hearing,the
the Defendant
Defendantacknowledged he has that he
acknowledgedthat an addiction has an
24 24
25 25 but reasonedthat but reasoned thatthis addictionled thisaddiction ledto
to his
his struggle
struggle to complete probationary to complete probationary conditions.
conditions.Id. at
Id at
26 26 2:36:00-36:20PM. 27
28
Decision Decision &&Order
OrderRe.
Re. People's
People's Motion
Motionto to Revoke
Revoke Defendant's
Defendant's Probation
People People v.
v. Camacho, CF0579-16
CF0579-16
Page Page 9 of
of I11
The substantial requirementimposed substantial requirement imposedasasaa condition condition in
in this
this case
case is the
the Defendant's
Defendant's
1
2 2 completion completion of oftreatment.
treatment. The
The purpose
purpose of
ofaa condition
condition for
for treatment
treatment is sustained sobriety, however, sustained sobriety; however,
3 sobriety becomes unattainablewithout becomes unattainable without the right right support.
4 The People
People argue
argue that
that the Defendant
Defendant has not availed to the has not the supportive supportive services,
services, like
5 GBHWC, GBHWC, which which were
were designed
designed to
to protect
protect society and the Defendant and the Defendantfrom
fromhis
hisfuture
fume criminality.
6 7 Pp1.'s Ppl. 's Mot. Revoke Revokeat
at 55 (Sept.
(Sept. 18,
18, 2024). The
The court
court had given
given the Defendant multiple opportunities 7
8 8 before considering considering revocation, including including releasing
releasing him
him from
from confinement
confinement to
to complete
complete treatment.
treatment.
9 9 Although Although the the Defendant
Defendant only has
has one positive
positive drug
drug test
test on
on record,
record, he
he absconded
absconded from the court
court
10 for for eight eighthundred hundred sixty (860) days
days and
and picked
picked up three
three new
new criminal
criminal matters
matters (CF0526-24,
(CF0526-24, CF0527-
11 24, and 24, and CF0528-24);
CF0528-24), two
two of which
which the
the Defendant
Defendant is charged
charged for Possession
Possession of Schedule II of a Schedule
12 12
13 13 Controlled Controlled Substance. Revocation H'rg Substance. Revocation H'rg Mins. at2:40:22-40:34PM 2:40:22-40:34PM(Oct.
(Oct.3,
3, 2024).
2024). While
While the
the court
14 14 is aware aware of the difficulties difficulties in
in overcoming
overcoming addiction,
addiction, the
the Defendant
Defendant cannot expect to cannot expect to do
do so
so if he
15 15 will will not not put
put in
in the
the effort
effort to
to attend
attend and
and complete treatment programs programs expressly
expressly provided to him.
him.
16 16 Unless the
the court determines
determines that
thatrevocation
revocation"will
"will best
best satisfy
satisfy the
the ends
ends of
ofjustice
justice and
and the
17 17 18 best interests of the public"
interests of public" under under all
all circumstances, the court circumstances, the shall not court shall not revoke probation probation for
18
19 19 violation ofa condition.
condition. 99 GCA
GCA §§80.66(a)(2).
80.66(a)(2).While
Whilethe
thecourt
courtcommends
commends Defendant
Defendant Camacho
Camacho
20 to for expressing interestin expressing interest incompleting completingtreatment
treatmentwith
withLighthouse
LighthouseRecovery
RecoveryCenter
Center("LRC"),
("LRC"), he did
21 not follow follow through through with
withtreatment
treatment despite
despite completing
completing his
his intake
intake and
and assessment
assessment in the
the past.
past.
22 Revocation H'rg Mims. Revocation Mins. at at 2:42:47-44:52PM
2:42:47-44:52PM (Oct. 3,
3, 2024).
2024). In
In Guam,
Guam, the
the Department
Department of
23 23 24 Corrections provides a Residential Residential Substance
SubstanceAbuse
AbuseTreatment
Treatment("RSA
("RSAT")
T")program
program for
forits
its inmates
inmates
24
25 25 who are are battling addiction.
addiction. Rather than
than leave the Defendant to seek seek treatment
treatment on his own, the
26 26 court believes believes that
that it is in
in the best interests
interests of
of the public and
andwill
will best satisfy the ends ends of
of justice
justice to
27 27
28
Decision Decision &&Order
OrderRe.
Re. People's
People's Motion
Motiontoto Revoke
Revoke Defendant's
Defendant's Probation
People People v.
v. Camacho,CF0579-16
CF0579-16
Page Page 10
10 of
of 11
Department of
allow the Department of Corrections to supervise and and assist the defendant on his path to recovery 1
2 through the RSAT program.
3 Defendant has Because the Defendant has inexcusably inexcusably failed
failed to
to comply
comply with
with treatment
treatment as
as aa substantial
substantial
4 of his probation, the court finds that revocation condition of revocation of the the Defendant's probation will best 5 satisfy the satisfy the ends of of justice and the
the best
best interests
interests of
of the
the public.
public. Therefore,
Therefore, the court
court grants
grants the
6
People's Motion People's Motion to revoke the Defendant's Defendant's probation.
7
8
9
10
CONCLUSION
11
12 12 For the reasons stated above, the Court hereby REVOKES the Defendant's Defendant's probation
probation in
13 13
14 the above-captioned matter. the matter. The The Defendant
Defendant isis hereby
hereby SENTENCED
SENTENCED to serve FIVE (5)
(S) years of
of
15 15 incarceration at the Department of of Corrections, Mangilao, and shall receive credit for time already 16 16 served in this matter. The Court shall issue issue aa Judgment
Judgment concurrent with this Decision and Order 17 17 revoking the Defendant's probation, probation, and imposing the remainder of of the Defendant's five-year five-year
18 18 sentence. sentence 19 19
20 20
21 A Progress Hearing is scheduled scheduled before
before this
this court
court on
on March
March 5,
5, 2025, at 2:00PM.
22
SO ORDERED this
DEC 11662021+ SEQ 2024
23 -----------
24 24
25 25 senvlce Sl!IIVICI!vIA VIAe-anAIL
l!-MAIL
11 acknowledge 1cknow,edge that an en electroruc electron.it
Com Co~ ofof Me ,t-1e org-nv
or,g,,..a1was
wa!.ee mgneq
ma,1ea Ka
26 26 to
1 / P056 4G, />OSC 27 27 DEC DEC 1.5
.6 zuza
2024
28 Dale.
at ' e~ rune. i:05e,.,_ Tune. 2 "05;0h
HONORABLE HONORABLE ALBERTO E. TOLENTINO I/94 ~ ¢»\ -#lb-t-4- 6C,/of, ~ ,, H Judge, Superior Court of Guam Deputy Deputy clerk clerk. Superior
Superior COurK al Guam
Court of Guam
Decision Decision & Order People's Motion Order Re. People's Motion toto Revoke Revoke Defendant's
Defendant's Probation
Probation
People v.
v. Camacho,
Camacho, CF0579-I6
CF0579-16
Page 11
ll of
of1111