People v. Camacho

Opinion

FII LEDI CLERK OFCOURT CLERK OF scum 11 - I-\ PH 20211 AUGAus 2021-1 f.t: 13 PM Ll: 2 3U?§R§QR CQERT 3 go: E t 4 IN THE SUPERIOR SUPERIOR COURT OF GUAM 5

6 PEOPLE OF GUAM, PEOPLE 7 Criminal Case No. No. CM0186-22 Plaintiff, GPD Report Report No.: No.:22-13876/22-06020 22-13876/22-06020 8 vs. 9 DECISION & ORDER 10 10 LARRY IGNACIO CAMACHO, (Revocation Probation) of Probation) (Revocation of DOB: 10/07/1975 11 11

12 12 Defendant. Defendant. 13 13

14 14 INTRODUCTION 15 15 the Honorable Alberto E. This matter came before the Tolentino on E. Tolentino January 25, 2024, for aa on January 16 16

17 17 Revocation Hearing. Assistant Public Hearing. Assistant Defender David Public Defender Highsmith appeared David Highsmith for Larry appeared for Ignacio Land Ignacio

18 18 Camacho ("Defendant"). Assistant Assistant Attorney the People of appeared for the Borja appeared Kristine Borja General Kristine Attorney General 19 Court the Court 19 Guam ("People"). ("People"). After taking After takingthe thematter matterunder advisementon underadvisement February 15, onFebruary 2024, the 15, 2024, 20 now issues issues the the following order GRANTING the following order Defendant's revoke Defendant's to revoke request to People's request the People's 21 22 probation. 22 23

24 BACKGROUND 25 25 On On May May 24, 24, 2022, 2022, aa Magistrate Complaint Complaint was was entered with 1) charging Defendant with entered charging 1) Violation of 26 a Court Court Order Order (As Counts, and Misdemeanor) - 4 Counts, (As aaMisdemeanor) and 2) Trespass (As Criminal Trespass 2) Criminal Petty (As Petty 27

28 Page Page 11 of of 88 11 Counts. Misdemeanors) - 4 Counts. Complaint, May Magistrate Complaint, Magistrate 2022. 24, 2022. May 24, 2022, 20, 2022, July 20, On July 2 Count 44 pursuant 2 Violation of Defendant pled guilty to Violation Court Order of aa Court (As a Misdemeanor) -- Count Order (As 3 i agreement between to a plea agreement Defendant and between Defendant thePeople. andthe December 28, People. Plea Agreement, December 2022. 28, 2022. 4 5 The Court sentenced Defendant Court sentenced one (1) Defendant to one year of (1) year thirty (30) but thirty incarceration, all but of incarceration, days (30) days 5 6 6 suspended with suspended credit for with credit served, followed for fifty-nine (59) days served, followed by two (2) years of (2) years supervised ofsupervised

7 probation for for each each charge. Id at 4. The conditions of Defendant's probation included: charge. Id. 8

9 1. Defendant Defendantshall shallsubmit submittoto random and alcohol drug and random drug testing under alcohol testing the supervision under the of the supervision of 10 Probation Office. Id. at 5. Office. Id 11

12 2. Defendant of community service. shall serve seventy-five (75) hours of Defendant shall Id. at 4. service. Id.

13 3. Defendant Defendantshall shallenroll enrolland andattend attendaadrug drugrehabilitation rehabilitation program the supervision of under the program under

14 the the Guam Behavioral Behavioral Health Health and and Wellness Wellness Center Center or or any anyother other drug rehabilitation drugrehabilitation 15 program approved by by the the Superior Court. Court. Defendant Defendant shall receive receive two (2) hours two (2) credit hours credit 16 toward community service for each one (1) hour of counseling Defendant attends. attends. Id. at 17 5. 18

19 4. Defendant Defendantshall shallreport reportto to Probation Probation Services Services weekly weeklyfor for the four (4) months, and as first four the first

20 Probation requests requests after that that time period. Id. time period. 21 5. Defendant Defendantshall shallnot notpossess possess or or consume consume any any illegal illegalcontrolled substances. Id. controlled substances. 22 6. Defendant Defendant shall shall stay stay away awayfrom from all allfirearms firearms and and other other deadly deadly weapons and shall weapons and not shall not 23 apply for one if Defendant does does not not have one. Id. have one. Id 24

25 7. Defendant Defendantshall alllocal obeyall shallobey localand andfederal federal laws, laws,and andshall shallnot with any associate with not associate persons any persons

26 known to Defendant Defendant as as felons. felons. Id. 27

28 Page Page 22 of of 8 1 8. Defendant Defendantwas costs. Id. at 4. court costs. plus court $250,plus of$250, fineof payaafine requiredtotopay wasrequired 2 Subsequently, Adult Probation Subsequently, Adult Services ("Probation") Probation Services filed four ("Probation") filed violations against four violations the against the 3 Defendant for probation violations, of violations, with the third and fourth violations involving violations of 4 orders resulting court orders issuing a bench resulting in the Court issuing walTant. The following violations were filed: bench warrant. 5

7 1. On OnOctober October 10, 10, 2022, 2022, Probation violation against filed aa violation Probation filed the Defendant against the for failure Defendant for to failure to

8 rep o rt to report to the Pro Office upon atio n Office Probation his release u p o n his o n July release on for intake ly 20, 22022 fo and intake and

9 processing. number was Defendant's contact number processing. Defendant's no longer was no in service. longer in home visit service. A home was visit was

10 10 conducted (homeless, Micronesia Mall area) at which time, the probationer could not be the probationer

11 located.

12 12 2. On filed aaviolation Probationfiled 2023,Probation 27,2023, July27, OnJuly the Defendant against the violationagainst for failure Defendant for to report failure to report

13 13 Probationer also Services and Family Counseling for Intake and Assessment. to Client Services Assessment. Probationer 14 14 failed to attend and complete the Anger and Stress Management Program, failed to make 15 15 any payments payments towards towards his fine, fine, and failed failed to complete complete his community service of 75 community service 16

17 hours.

18 18 3. On OnOctober October 2,2, 2023, 2023, Probation Probation filed filed aa violation violation against against the Defendant for the Defendant failure to for failure

19 refrain probationer The probationer refrain from from ingesting/consuming ingesting/consuming illegal illegal controlled controlled substances. substances. 20 submitted to a drug test on September September 29, 29, 2023, 2023, with the the Probation tested and tested Probation Office and 21 presumptive presumptive for methamphetamines. methamphetamines. He admitted admitted to ingesting an illegal ingesting an controlled illegal controlled 22

23 substance namely "meth" "math" on September 27, 27, 2023 2023 via declaration. This was Defendant's via declaration. st 24 1let positive test. positive test.

25 4. On OnNovember November14, 14,2023, 2023, Probation Probation filed filed aa violation violation against against the failure to for failure Defendant for the Defendant 26 refrain refrain from from ingesting/consuming ingesting/consuming illegal illegal controlled controlled substances. substances. probationer The probationer 27

28 Page Page 3 of of 8 11 submitted to a drug submitted to drug test test on October tested and tested Office and Probation Office the Probation 2023, with the October 25, 2023, 2 presumptive positive presumptive positive for and THC. methamphetamines and for methamphetamines admitted to ingesting THC. He admitted an ingesting an 3 illegal controlled substance namely controlled substance and marijuana" namely "meth and 22, 2023 marijuana" on October 22, and 2023 and 4 October declaration. This October 24, 2023 via declaration. is Defendant's This is 2 nd positive Defendant's 2"d test. positive test. 5 6 6 Bench warrants were issued on November warrants were November 8, 8, 2022 2022 and and December 2023, with 4, 2023, December 4, corresponding with corresponding

7 commitment commitment orders orders on on December December28, 28,2022 2022 and and December December19, 19,2023 2023. 8 On February 15, 2024, 2024, the the Court Court held held a revocation revocation hearing, and the People requested requested the 9 Court revoke revoke Defendant's Defendant's probation. probation. Minute Entry, Entry, February February 15, 15, 2024. 2024. At At the the revocation revocation 10 10 hearing, the Court took the the matter matterunder underadvisement. advisement.Id. Id 11 11

12 12

13 13 DISCUSSION

14 14 Title 9 Title G.C.A. §§80.66(a)(2) 9 G.C.A. 80.66(a)(2)provides provides"[a]t "[a]tany anytime timebefore beforethe the discharge discharge of ofthe the offender offender 15 15 or the the termination termination of the the period period of ofsuspension suspension or or probation probation .... the the court, court, ififsatisfied satisfied that that the 16 16 offender offender has has inexcusably failed failed to to comply complywith withaasubstantial substantial requirement requirement imposed imposed as as a condition condition 17 17 18 of of the the order order may may revoke revoke the the suspension suspension or or probation probation and and sentence sentence or re-sentence the offender. re-sentence the 18 19 19 Violation of Violation conditionshall ofaacondition shallnot notresult result in in revocation, revocation,however, however,unless unlessthe thecourt courtdetermines determines that that

20 20 revocation revocation under all the circumstances then existing circumstances then existing will will best satisfy the and the justice and of justice the ends of 21 best interests interestsof of the the public." public." When Whenaa court court revokes revokes probation, probation, itit is is empowered to sentence empowered to the sentence the 22 23 defendant to any defendant to any sentence that may sentence that may it have originally originally imposed. imposed. 9 9 G.C.A G.C.A §§ 80.66(b). 80.66(b The 23 24 decision to revoke decision to revoke probation probation is discretionary, and there discretionary, and there is bright-line rule is no bright-line when rule for when 24 25 25 revocation revocation is United States v.v. Gallo, is appropriate. United Gallo, 20 F.3d 7, 7, 14-15 (1st 1994). (let Cir. 1994).

28 Page Page 4 of of 88 11 state, not aa the state, by the granted by favor granted "probation is aa favor held '"probation has helq Guam has Supreme Court of Guam The Supreme 2 right to which which aa criminal is entitled." defendant is criminal defendant v. Camacho, entitled." People v. Guam 66 ii,1 26. The Camacho, 2009 Guam 3 Supreme Court of Guam Supreme Court reasoned that Guam reasoned probation "implicates that while probation liberty interest," "implicates aa liberty the interest," the 4 5 probationer is probationer entitled to is not entitled to the "full panoply the "Hall of due panoply of process rights due process due to rights due other criminal to other criminal 5 6 6 Probationersfacing defendants." Id. Probationers defendants." potential revocation facingpotential are entitled revocation are to:"(1) entitledto: notice of "(l) notice claimed of claimed

7 violations, violations; (2) [an] opportunity to hear [an] opportunity and present hear and evidence; (3) the present evidence, conditioned right to the conditioned 8 condone witnesses, (4) adverse witnesses; confront adverse decision maker; independent decision (4) an independent and(5) maker,and report of the (5) a written report 9 hearing." Id hearing." revocationisisa atwo~step Probationrevocation Id.Probation process. The two-step process. firststep Thefirst to "make step isis to factual "make aa factual 10 10 determination thata aviolation determination that ofaacondition violationof ofprobation conditionof hasactually probationhas occurred." actually at27. occurred."Id.Idat 27. If 11 11 cc 12 12 the violation is proven, the the second proven, the step is second step the Court is for the determine if the Court to ". . .. determine violation the violation

13 13 ofprobation." revocationof warrantsrevocation warrants probation." Id. Id

14 14 conditions of probation. his conditions A. Defendant A. violatedhis Defendantviolated 15 15 The standard probationer violated for determining whether a probationer standard for of his violated a condition of probation his probation 16 16 17 is that "the evidence evidence and facts be the facts and the such as be such reasonably necessary as reasonably satisfy the necessary to satisfy judge that the judge the that the 17 18 probationer's conduct has notbeen has not asrequired beenas bythe requiredby conditionsofofprobation. theconditions Id at ,1 probation.Id. 30. The 1]30. 18 19 19 revoke "must to revoke decision to Court's decision "must be oncredible based on be based evidence, but credibleevidence, the defendant but the defendant bears the bears the

20 20 burden of showing burden of thecondition." withthe complywith failuretotocomply forfailure excusefor an excuse showing an condition." Id. Id 21 After After reviewing violations filed the violations reviewingthe byProbation filedby the Revocation Probationatatthe Hearing and RevocationHearing listening and listening 22 to the testimony Titus Taitano Officer Titus testimony of Probation Officer at the Taitano at Revocation Hearing, the Revocation the Court Hearing, the finds Court finds 23 24 that that Defendant violated multiple inexcusably violated has inexcusably Defendant has conditions of multiple conditions probation on his probation of his several on several 24 25 occas10ns. occasions.

26 \\ 27

28 Page of 88 Page 55 of 11 \\ 2 \\ 3 WhetherDefendant's B. Whether violationof Defendant'sviolation Probation warrants ofProbation revocation. warrants revocation. 4 Supreme Court The Supreme of the Court of United States the United has stated States has that with stated that regard to with regard probation to probation 5 6 6 "theState revocation, "the clearlyhas State clearly aninterest hasan punishment and interestininpunishment deterrence, but and deterrence, this interest but this can interest can

7 served fully often be sewed byalternative fully by means. [T]he alternative means. stateisisnot [T]hestate powerlesstotoenforce notpowerless judgments enforcejudgments 8 against unableto financially unable those financially against those pay aa fine. to pay example, the Forexample, fine. For sentencing court the sentencing could extend court could 9 the time for for malting reduce the payments, or reduce making payments, or direct the fine, or that the direct that probationer perform some the probationer 10 10 form of labor or public of labor service in public service lieu of in lieu the fine." of the Bearden v.v. Georgia, 461 U.S. 660, 671-72 fine." Eearden 11 11 12 12 citations and (internal citations (1983) (internal quotations omitted). and quotations omitted).

13 13 A probationer's probationwarrants violationofofprobation probationer's violation revocation when warrants revocation the violation when the upsets the violation upsets 14 14 2009 Guam Camacho, 2009 See Camacho, intent of the probation conditions. See ~ 31. In Guam 66 1131. In Camacho, Camacho, the Supreme 15 15 Court of of Guam Guam held held that that aa probationer's violation of probationer's violation hisprobation ofhis conditions was probation conditions serious was serious 16 16 enough to warrant revocation where the probationer failed to report for to report drug tests for drug and where the tests and 17 17 18 failedtotopay defendant failed defendant fine. Id. payaafine. Id The Supreme Supreme Court Court of ofGuam Guam reasoned reasoned that that because the because the 18 19 19 drug-related offenses, ofdrug-related defendant was convicted of the purpose offenses, the ofthe purpose of testing probation condition the testing

20 20 was was to to ensure ensure the the defendant defendant remained sober. Id. The remained sober. TheSupreme also Guam also of Guam Court of Supreme Court 21 acknowledged that failure to pay a flue fine alone alone was was not not as the failure as serious as the drug failure to report for drug 22 tests. Id tests. Id. 23 Defendant entered into into the the Plea Agreement Agreement aa year year and and a half ago and has hasnot notonly only failed failed 24 25 25 to make substantial progresstowards substantial progress has violated completing his probation conditions, but has towardscompleting violated court

26 orders resulting in orders resulting in two two new misdemeanor cases since misdemeanor cases terms of the terms agreeingtoto the since agreeing plea the plea of the 27

28 Page 6 of of 88 11 must probationer must conditionsaaprobationer fundamentalconditions thefundamental oneofofthe Guamisisone lawsofofGuam the laws Obeyingthe agreement. Obeying agreement. 2 2 . . . follow, and follow, Defendant has and Defendant demonstrated that has demonstrated they are that they incapable of are incapable even thls fulfilling even of fultilhng most this most 3 basic requirement. basic Defendant were IfDefendant requirement. If to benefit were to from probation, benefit from he would probation, he have made would have greater made greater 4 5 towards completing progress towards his treatment. completing his The purpose treatment. The ofaa condition purpose of fortreatment conditionfor sustained treatment isis sustained 5 6 6 however, sobriety sobriety; however, sobriety, becomes unattainable sobriety becomes without the unattainable without right support. the right Defendant support. Defendant

7 frequently fails fails to to report report to to Probation Probation and and has has repeatedly violated court repeatedly violated orders prohibiting court orders drug prohibiting drug 8 8 use. use. 9 The theory treatment conditions theory ofoftreatment include: aiding conditions include: rehabilitation and aiding rehabilitation averting and averting 10 10 recidivism. Treatment provides recidivism. Treatment theprospect providesthe betterquality prospectofof aa better of life qualityof capability of and a capability life and 111l

12 12 which would sobriety, both of which ease Defendant back into would ease society. However, into society. absence Defendant's absence However, Defendant's

13 13 the purpose frustrates the reports frustrates from reports purpose of seeking recovery. of seeking Thus, it is Thus, clear to is clear the Court to the that Court that

14 14 Defendant's Defendant's violations violations upset the intent of his probation upset the probation conditions. 15 15 Although Although Defendant's Defendant's probationary probationary period period has has not he has expired, he not expired, made little has made progress little progress 16 16 17 on on his his probation probation conditions conditions and drug use prohibiting drug and violated court orders prohibiting occasions. use on two occasions. 17 18 Defendant had a year and and aa half demonstrate to to demonstrate halfto the Court to the that he Court that can make he can progress on make progress his on his 18 19 19 probation conditions. Instead, he chose to conditions. Instead, forth minimal effort to put forth completing his in completing effort in probation his probation

20 20 repeatedly violated court orders. conditions and repeatedly build a better life cannot build Defendant cannot orders. Defendant without the life without 21 tools tools to do so. Accordingly, Accordingly,ititisisininDefendant's Defendant'sbest bestinterest the Court for the interest for to revoke Court to probation. revoke probation. 22 \\ 23 \\ 24

25 \\ 26 \\ 27

28 Page Page 77 of of 88 11 \\ 2 \\ 3 CONCLUSION AND ORDER 4 5 For For the reasons, the the above reasons, CourtGRANTS theCourt to revoke request to People'srequest the People's GRANTS the Defendant's revoke Defendant's 5 6 6 probation. Defendant's Defendant'sprobation hereby revoked is hereby probation is and Defendant revoked and is sentenced Defendant is to one sentenced to (1) year one (1)

7 imprisonment at the imprisonment at the Department Departmentof Mangilao, with Corrections,Mangilao, of Corrections, credit for with credit served. The for time sewed.

8 Conviction of Conviction 8 Court orders the other orders the other terms terms of Plea Agreement Defendant's Plea of Defendant's and Judgement Agreement and Judgment of 9 waived. 10 10

11 11

12 12 AUG 0 11202# AUG O 2024 SO ORDERED, Nuns SO ORDERED, Nunc Pro Pro Tune Tune to February February 15, 15, 2024, 2024, this :;:.th:,:;is~==::::::= ------- 13 13 11

14 14 ~\ .

15 15

16 16 HONORABLE ALBERTO E. TOLENTINO Judge, Superior Court of Guam 17 17

18 18

19 19

28 Page Page 88 of of 88