People v. Cepeda

Opinion

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5 Criminal Case No. CF0073-19 PEOPLE OF GUAM, 6 GPD Report No. 19-03687 v. Criminal Case No. CF0261-20 7 GPD Report No. 20-12508 ATANACIO RODRIGO s. CEPEDA 8 (aka ATANACIO RODRIGO CEPEDA) DECISION AND ORDER (aka ATANACIO SABLAN CEPEDA), DENYING DEFENDANT'S MOTION TO 9 DOB: 10/14/1994 REDUCE SENTENCE 10 Defendant. 11 12 13 INTRODUCTION 14 This matter came before the Honorable Alberto C. Lamorena, III on March 31, 2023 for

15 hearing on Atanacio Rodrigo S. Cepeda's (aka Atanacio Sablan Cepeda's) ("Defendant's") Motion 16 to Reduce Sentence ("Motion"). Assistant Attorney General Basil O'Mallan represents the People, 17 and Assistant Public Defender Christian Spotanski represents Defendant. Having duly considered the 18 parties' briefs, oral arguments, and the applicable law, the Court now issues the following Decision 19 and Order and DENIES Defendant's Motion.

20 BACKGROUND 21 On February 1, 2022, Defendant pled guilty to Terrorizing (as a 3rd Degree Felony) and Third

22 Degree Robbery (as a 3rd Degree Felony). See Minute Entry (Feb. 1, 2022). Under the terms of his

23 plea agreement, Defendant was to serve five (5) years incarceration at the Department of Corrections,

24 Mangliao ("DOC"), with the parties to argue for a range of suspension of up to four (4) years, with

25 credit for time served. See Plea Agreement at 4 (Jun. 3, 2022). Defendant was ultimately sentenced

26 on April 14, 2022 to five (5) years incarceration at DOC, with no suspended portion. See Minute

27 Entry (Apr. 14, 2022).

Decision and Order Denying Defendant's Motion to Reduce Sentence CF0073-19 & CF0261-20, People of Guam v. Atanacio Cepeda Page 1 of 3 1 On August 12, 2022, Defendant filed his Motion to Reduce Sentence. Defendant requests that

2 the remaining portion of his five-year sentence be suspended. See Motion at 2 (Aug. 12, 2022).

3 Defendant bases this request on his desire to get outside treatment for his drug addition and mental

4 health issues. at 2.

5 On March 31, 2023, the People tiled their Opposition to Motion ("Opposition"). The People

6 claim Defendant can receive his desired treatment while incarcerated and that Defendant provided no

7 compelling reasons justifying a sentence reduction. See Opposition at 1-2 (Mar. 31, 2023).

8 The Court held a hearing on March 31, 2023. After hearing the arguments of the parties, the

9 Court took the matter under advisement.

10 DISCUSSION

11 I. Legal Standard:

12 "The Court may reduce a sentence within one hundred twenty (120) days after the

13 sentence is imposed." See 8 G.C.A. § 120.46.

14 11. Application :

15 Defendant's Motion was timely filed within the established 120 timeframe following

16 his sentencing.

17 That being said, Defendant has provided an insufficient basis to justify a sentence

18 reduction. DOC offers many avenues and programs allowing Defendant to receive both his

19 desired mental health and drug addiction treatments. For example, DOC offers the RSAT

20 program which should prepare Defendant to return to a sober and drug-free lifestyle once he

21 is released. The RSAT program also provides both individual and group counseling which

22 should allow Defendant to manage his mental health issues.

23 Defendant also currently remains a danger the community, as indicated by his two

24 separate felony convictions stemming from two completely unrelated instances. Defendant

25 has time to address his mental health and drug addiction issues while incarcerated, and

26 releasing him any earlier would put the community in danger.

Decision and Order Denying Defendant's Motion to Reduce Sentence CF0073-19 & CF0261-20, People of Guam v. Atanacio Cepeda Page 2 of 3 CONCLUSION

For the reasons stated above, the Court DENIES Defendant's Motion. Defendant's sentence

3 I of five years incarceration, none suspended, remains unaltered.

IT IS SO ORDERED this June 6, 2023

HONORABLE ALBERTO c. LAMORENA, III Presiding Judge, Superior Court of Guam

Decision and Order Denying Defendant's Motion to Reduce Sentence CF0073-19 & CF026l-20, People of Guam v. Atanacio Cepeda Page 3 ofl3