People v. Camacho

Opinion

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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

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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 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 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.

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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

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 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.

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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 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 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

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 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

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

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 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

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