People v. Cruz

Opinion

F :A E Q CLERK FCOURT 1

2 2 2825 Aus 15 PM 3 i8;C'2§.;'?;.

44 OF 5 IN THE SUPERIOR COURT COURT OF OF GUAM GUAM 6 )) CRIMINAL CRIMINAL CASE CASE NO.NO. CF0528-16 CF0528-16 7 PEOPLE OF OF GUAM, GUAM, ) GPD Report Nos. 16-22950/16-22951 16-22950/16-22951 ) 8 vs. ) 9 )) ) DECISION & ORDER ) RE. RE. PEOPLE'S MOTION PEOPLE'S MOTION TO REVOKE 10 10 KEITH JOHN CRUZ, CRUZ, DEFENDANT'S )) DEFENDANT'S PROBATION AND DOB: 06/22/1970 06/22/1970 IMPOSE IMPOSE JAIL SENTENCE 11 )) Defendant. Defendant. )) 12 12 ________________ > ) 13 13 This matter came before matter came before the the Honorable Honorable Alberto Alberto E. E. Tolentino Tolentino on May 29, 29, 2025, 2025, for aa 14 14

15 Revocation Revocation Hearing. Hearing. Defendant Keith John Defendant Keith Cruz ("Defendant") was John Cruz was present present with with counsel counsel 15

16 16 Attorney Samuel Samuel Teker. Assistant Assistant Attorney Attorney General General Kathleen Kathleen O'Neil O'Neil was was present present for the the People 17 17 of of Guam Guam ("People"). ("People"). During Duringthe thehearing, hearing,the the court courtheard heard the the parties' parties' arguments arguments on on the People's 18 18 Motion Motion to to Revoke Revokethe the Defendant's Defendant's Probation Probation and and Impose Impose Jail Jail Sentence. Following the Sentence. Following the hearing, hearing, 19 19 the court took the matter under advisement advisement pursuant pursuanttotoSupreme SupremeCourt Courtof of Guam GuamAdministrative Administrative 20

21 21 Rule 06-001, CVR 7.l(e)(6)(A) 06-001, CVR CR1.1 andCR 7.l(e)(6)(A) and 1.1 ofofthe theLocal LocalRules Rulesofofthe theSuperior Superior Court Court of ofGuam. Guam.

22 Having Having duly duly considered considered the the parties' parties' briefings, briefings,oral oralarguments, arguments, and and the applicable law, the court court 23 now now issues issues this this Decision Decision and and Order Order GRANTING the the People's People's Motion Motion to Revoke Revoke the the \ 24 24 Defendant's Probation Defendant's Probationand and Impose Impose Jail Jail Sentence. Sentence. 25 \\ 26 27 27 \\

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Decision &&Order Decision OrderRe. Re.People's People'sMotion MotiontotoRevoke RevokeDefendant's Defendant'sProbation Probationand andImpose Impose Jail Jail Sentence Sentence People People v. CF0528-16 Cruz, CF0528-16 v. Cruz, Page Page l1 of of14 14 BACKGROUND 1

2 On September 2, 2016, September 2, the Defendant 2016, the was charged Defendant was chargedwith with POSSESSION POSSESSION OF OF A

3 SCHEDULE II CONTROLLED CONTROLLED SUBSTANCE SUBSTANCE(As (Asaa3rd 3rd Degree Felony) and Degree Felony) andRETAIL RETAIL THEFT THEFT 4 . . (As (AsaaMlsdemeanor) Misdemeanor)based basedon onevents eventsthat that occurred occurred on on or orabout about August August 24, 24, 2016. 2016. See IndIctment Indictment 5 (Sept. (Sept. 2, 2, 2016). 2016). For Forhis his failure failuretotoappear appearat atarraignment, arraignment, the the court court issued issued aa bench warrant warrant for for the 6 6

7 Defendant's arrest, arrest; which was returned shortly after. returned shortly after. See See Bench Warrant Warrant (Sept. (Sept. 28, 28, 2016), 2016); see 7

8 8 also Return of Warrant Warrant (Oct. 3, 3, 2016). 2016). On On October October4, 4, 2016, 2016, the the Defendant Defendant was was arraigned arraigned and and 9 9 released on conditions. conditions.See SeeReturn Returnof ofWarrant WarrantHr'g Hr'g Mins. Mins. at at 9:53:17AM 9:53:17AM (Oct. 4, 2019). Since 10 10 his arraignment, theProbation arraignment, the ProbationServices ServicesDivision Division("Probation") ("Probation")filed tiled aa total total of of sixteen (16) (16) 11 11 violations against the Defendant violations against Defendant in in this this case. case. 12 12

13 13 A. Defendant Defendant Cruz's Cruz'sViolations Violations on on Pre-Trial Pre-Trial Status Status

14 14 While While on on pre-trial pre-trial release, Probation filed nine (9) violations violations against against the the Defendant. Defendant. For 15 15 the first violation, violation, the the report report indicated indicated that that the Defendant: Defendant: 16 16 1. 1. Failed to to refrain refrain from from consuming consuming illegal illegal controlled controlled substances. substances. On October 3, 17 17 2016, the defendant 2016, the defendantwas wasat atthe theProbation ProbationOffice Office for drug drug testing. testing. The The defendant defendant failed to provide provide a sufficient urine sample for testing within the two (2) hour a sufficient urine sample for testing within the two hour 18 allotted time. time. A saliva saliva test test was was conducted conducted which yielded yielded aa presumptive presumptive positive 19 19 for for methamphetamines. methamphetamines. The defendant continued to deny any any drug use. use. 2. Defendant failed to Defendant failed to report report to to the the probation office for three probation office three times times weekly drug drug 20 20 testing. The defendant testing. The defendant isis ordered ordered toto report report toto Probation Probation every every Monday, Monday, Wednesday, Wednesday, and and Friday. Friday. HeHe last reported reported on October 5, 2016. 2016. Attempts were 21 made to contact the defendant but unsuccessful. unsuccessful. 22 22 let Violation 1st Violation Report Report (Oct. (Oct.19, 19,2016). 2016).On OnNovember November8,8,2016, 2016,the thecourt courtissued issuedanother another bench bench 23 24 warrant for the warrant for the Defendant's arrest, returned the arrest, which was returned the following following day. day. See See Bench Bench Warrant Warrant 24

25 25 (Nov. (Nov. 9, 9, 2016), 2016); see see also also Return of Warrant Warrant (NOV. (Nov. 9, 9, 2016). 2016). However, However, the thecourt courtsubsequently subsequently 26 26 released the Defendant released the onNovember Defendanton November21, 21,2016. 2016.See SeeViolation ViolationHr'g Hr'gMins. Mins. at at10:58:40AM 10:58:40AM(Nov. (Nov. 27 21, 2016). 2016). For the second violation, violation, the the report report indicated indicated that that the Defendant "tested "tested presumptive 28

Decision Decision & & Order Order Re. People's People'sMotion MotiontotoRevoke RevokeDefendant's Defendant'sProbation Probationand andImpose ImposeJail Jail Sentence Sentence People People v.v. Cruz, Cruz, CF0528-16 CF0528-16 Page Page 2 2 of of 14 14 positive positive for for methamphetamines," methamphetamines," which he admitted to consuming consuming on November N0vember23, 23, 2016. 2016. 2nd 2nd 1

2 2 Violation Report Violation (Nov.28, Report (Nov. 28,2016). 2016).In Inresponse response to to this this violation, violation, the the court court issued issued aa sanction for sanction for

3 and remanded and remandedhim himto to the the custody custody of of the the Department of Corrections Department of Corrections ("DOC"). ("DOC"). See See Further Further 4 . . . | . Mins. at Proceedings Mlns. at 9:23:00AM 9:23:00AMQ\Iov. (Nov. 28, 28, 2016). 2016). After Afterserving servinghis his sanction, sanction, the the Defendant Defendant 5 received aa third third violation violation aa few fewmonths months upon upon his his release, release, stating stating that that the the Defendant failed to Defendant failed to 6 6 7 report as ordered after after Probation Probation made made numerous numerous yet yet unsuccessful unsuccessful attempts to contact attempts to him. See contact him. See 7

8 3rd Violation Violation Report Report (Jan. (Jan. 6, 2017). 9 During a Progress Hearing on on February February 6, 2017, the Defendant 2017, the Defendant was was remanded remandedto toDOC's DOC's 10 10 custody. See custody. See Progress ProgressHr'g Hr'g Mins. Mims.at at11l:29:58AM :29:58AM (Feb. (Feb. 6, 6, 2017). 2017). A few few weeks weeks later, later, Probation Probation 11 filed aa fourth filed fourth violation violation against against the the Defendant Defendant for for his his failure failure to to report report as as ordered ordered since since his his release release 12 12

13 on February 27, 2017. February 27, 2017.See See4th 4thViolation Violation Report (Mar. (Mar. 27, 27, 2017). 2017). The Thecourt court subsequently subsequently issued issued

14 14 a bench warrant for the Defendant's arrest warrant for arrest after he failed failed to to appear appear at at aa Further Further Proceedings Proceedings 15 15 before this this court. court. See See Further Proceedings Mins. Further Proceedings Mims.atat 9:16:29AM 9:16:29AM (Mar. (Mar. 28, 28, 2017). 2017). Upon Upon the the 16 16 warrant's return on August return on August 22, 22, 2017, 2017,Probation Probationfiled filed aa fifth fifth violation violation against against the the Defendant. For Defendant. For 17 17 18 the fifth fifth violation, violation, the the report report indicated indicated that: that: 18

19 19 Defendant failed to refrain refrain from from possessing possessing and consuming any and consuming any illegal illegal controlled substances. substances. On On August August 22,22, 2017, 2017, the the defendant defendant waswas apprehended apprehended on an an 20 20 outstanding Benchwarrant. outstanding Bench warrant.He Hewas was informed informed that that he he was was to to be drug drug tested at tested at which time which time hehe declined declined toto be be tested tested and and decided decided toto admit admit in writing writing via via 21 Declaration to smoking "Meth" on smoking "Meth" on August August 21, 21, 2017. 2017. 22 22 It is is wolTh worth noting noting that that this this is the the defendant's defendant's 3rd positive positive drug test while on drug test 23 23 Pretrial Release. Release. 24 24 2nd 2nd Violation Report Report (Aug. (Aug. 25, 2017). 1 Despite the court granting 25, 2017).1 his release granting his release from from DOC DOC on on 25 October 31, 2017, October 31, 2017, the the Defendant Defendantreceived receivedaa sixth sixthviolation violation for for his his failure failure "to "to refrain refrain from from 26

27 possessing and consuming possessing and consuming any any illegal illegal controlled controlled substances," which he substances;" which he admitted admitted via 27

28 11 The The Defendant's Defendant's fifth fifth pre-trial pre-trial violation violation report report was waserroneously erroneouslyfiled filed as ashis his"Second "SecondViolation ViolationReport." Report."

Decision Decision && Order Order Re. Re. People's People's Motion MotiontotoRevoke RevokeDefendant's Defendant'sProbation Probationand andImpose ImposeJail Jail Sentence Sentence People v. Cruz, CF0528-16 v. Cruz, CF0528-16 Page 3 of of 14 14 declaration. See Further declaration. See Further Proceedings Proceedings Mins. Mims.atat 9:25 9:25:43AM (Oct. 31, :43AM (Oct. 31, 2017); 2017); see see also also 6th 6th 1

2 2 Violation Report (Nov. (Nov. 7,7, 2017). 2017). On OnNovember November16, 16,2017, 2017, the the Defendant Defendant was was released released from

3 DOC and and also also declared clinically eligible eligible to to participate participate in in the the Adult Adult Drug Drug Court Court I Program. Program. See 4 . Release (Nov. 16, 2017), (Nov. 16, 2017); see see also ADC ADC IIDeck. Deel. (Nov. (Nov. 16, 16, 2017). 2017). After After his his release from DOC, release from 5 Probation filed filed the the Defendant's Defendant's seventh seventh violation. violation. For For this this violation, violation, the the report report indicated indicated that: that: 6 Defendant failed to refrain refrain from from possessing possessing and consumingany and consuming anyillegal illegal controlled 7 substances. OnNovember substances. On November 13, 13, 2017, 2017, the defendant was ordered to submit submit a drug 8 test test at at which which time time thethetest testyielded yieldedpresumptive presumptive positive positive results results for for Methamphetamine. Methamphetamine. The The defendant defendantdenied deniedany any usage usage and and chose chose to to have his his 9 sample secured for sample secured for off-island confirmatory testing. testing. On November November 20, 20, 2017, 2017, the 10 Probation Office received Probation Office received the the results results which which returned back positive returned back positive for for Methamphetamine. 1111

It is is worth worth noting noting that that this this isis the the defendant's defendant's 5th 5th positive positive drug drug test test and and 1st 1st 12 challenged drug drug test test while while on Pretrial Pretrial Release. Release. 13 1 7th 7th Violation Report (Nov. (Nov. 20, 20, 2017). 2017). Less Less than than aa month month from filing filing the the Defendant's Defendant's seventh seventh 14

violation, Probation violation, Probation filed filed his his eighth eighth pre-trial violation after pre-trial violation after he he "admitted "admitted in in writing writing via via 15 15 16 16 Declaration to consuming Declaration to consuming 'Ice' 'Ice' on on December December 9, 2017." 2017." Sth 8th Violation Report (Dec. 11, 11, 2017). 2017).

17 17 After addressing After addressing the Defendant's violations at at aa Further Further Proceedings, Proceedings, the the court court ordered ordered the the 18 18 Defendant to surrender to DOC that surrender to that same day with an auto-release same day date of December 24, 2017. auto-release date 19 19 See Further Proceedings Mins. Further Proceedings Mims.atat9:30:33 9:30:33- -40:32AM 40:32AM (Dec. 20, 2017). 20

After After several severalcontinuances continuances for for aa Change Change of ofPlea Pleahearing, hearing, the the Defendant Defendant was was not not present present 21 21

22 at his Change of Plea hearing on March 12, of Plea 12, 2018. 2018. Despite this, the court court issued aa summons summons 23 than aa warrant, warrant, ordering the Defendant to appear rather than appear for his next court hearing hearing scheduled for 24 24 April April 16, 16, 2018. 2018. See Summons Summons (Mar. 19, 19, 2018). Unfortunately, Probation filed 2018). Unfortunately, tiled a ninth ninth violation violation 25 25 report against the Defendant on on June 19,2018. June 19, 2018.For Forthe theninth ninthviolation, violation, the report indicated that: that: 26

27 Defendant failed to refrain refrain from from possessing possessing and consuming any and consuming any illegal illegal controlled substances. On June substances. On June4,4,2018, 2018,the thedefendant defendantwas was ordered ordered toto submit submit a drug drug test at 28 which time the the test test yielded yielded presumptive presumptive positive positive results results for forMethamphetamine. Methamphetamine.

Decision Decision & & Order Order Re. Re. People's People'sMotion MotiontotoRevoke RevokeDefendant's Defendant'sProbation Probationand andImpose Impose Jail Jail Sentence Sentence Peoplev. People v. Cruz, Cruz, CF0528-16 Page Page 4 of 14 4 of 14 The defendant denied any defendant denied any usage usage and and chose chose to to have have his his sample sample secured secured for 1 confirmatory testing. On On June 15, 2018, June 15, 2018,the theProbation ProbationOffice Office received received the the results results 2 which returned back backpositive positive for Methamphetamine.

3 It is is worth worth noting noting that that this this isis the the defendant's defendant's 7th 7th positive positive drug drug test test and and 2nd 2nd challenged drug dnlg test while on Pretrial Release. 4

5 9th Violation Violation Report Report(June (June 19, 19, 2018). 2018). On On June 29, 2018, June 29, 2018, the theDefendant Defendantpl~d pled guilty guilty to the charge

6 6 of POSSESSION OF A SCHEDULE POSSESSION OF SCHEDULE II CONTROLLED CONTROLLED SUBSTANCE SUBSTANCE (As (As aa3rd 3rd Degree Degree 7 7 Felony). Felony). See See Amended Amended Order Order After Hr'g Hr'g (Feb. (Feb. 15, 15,2023). 2023). Pursuant Pursuant to his his Deferred Deferred Plea Plea 8 Agreement, the court deferred deferred its acceptanceof its acceptance of the the Defendant's Defendant's guilty guilty plea plea for for two years so two (2) years 9 10 10 long as the the Defendant Defendant complied complied with with the the conditions conditions of of his probation. probation.Id. Id

11 11 B. Defendant Defendant Cruz's Cruz'sViolations Violations During During the the Deferred Probationary Period 12 12 During During the the Defendant's Defendant's deferred deferred probationary period, Probation probationary period, Probationfiled filed seven seven (7) (7) 13 13 violations against violations against him. For the first violation, violation, the the report report indicated indicated that that the Defendant: Defendant: 14 14 1. 1. Failed Failed toto report report three three times times weekly weekly forfordrug drugtesting. testing. The Theprobationer probationer is is 15 15 required to report for drug testing every Monday, Monday, Wednesday, Wednesday, and and Friday, and and 16 16 as instructed instructed and andfailed failedreport report[to] [to] on the following following dates: dates: September, September, 10, 10, 12, 12, 14, 17, 14, 17, 19, 21, 24, 26, 21, 24, 26; October 3, 2018. 17 17 2. Failed Failed totoattend attendandandsubmit submit attendance attendance for for sober sober support support meetings. meetings. The probationer is ordered to attend attend twenty-four (24) sober sober support meetings and support and 18 18 has failed to do so. has failed so. 19 19 3. Failed Failedtotoperform performCourt-ordered Court-orderedcommunity community service servicehours. hours. The The probationer probationer is ordered ordered to to arrange arrange a schedule schedule to complete complete oneone hundred-iifty hundred-fifty hours hours of 20 20 community service and has failed and has failed to to do so. 4. Failed Failedtotomake makepayments payments to tothe the Court-ordered Court-ordered fine fine amount amount of of$5,000.00. $5,000.00. The 21 probationer is ordered to makemake court payments toward his payments toward his fine line and has has failed 22 to do so.

23 23 let Violation 1st ViolationReport Report(Oct. (Oct.9,9,2018). 2018). On OnNovember November6,6,2018, 2018, the the court court held held the Defendant's first 24 2 . . . . . . . . vloIatlon in violation in abeyance, abeyance, acknowledging that he he was was working working on his his conditions. condltlons. See See Progress ProgressHr' Hr'g 25 Mims. at 09:35:43AM Mins. at 09:35:43AM (Oct. (Oct. 17, 17, 2018). 2018). Additionally, the the court court held held the the Defendant's Defendant's second second 26 26

27 violation in violation in abeyance abeyance after Probation's Probation's violation violationreport report indicated indicated that he: that he:

Decision Decision & & Order Order Re. Re. People's People'sMotion MotiontotoRevoke RevokeDefendant's Defendant'sProbation Probationand andImpose ImposeJail Jail Sentence Sentence People v.v. Cruz, CF0528-16 l Page 5 of of 14 14 1. 1. Failed Failed toto report report three three times times weekly weekly for fordrug drug testing. testing. The The probationer probationer is is I required required to to report report for drug drug testing testing every every Monday, Monday, Wednesday, Wednesday, and and Friday, 2 and as as instructed instructedtoto accommodate accommodatehis histreatment treatmentschedule. schedule.However, However, hehe failed failed to report report on on October October15,15, 17, 17, 22, 22, 24, 24, 29, 29, and and 31, 2018. 3 2. Failed Failedtotoattend attendrecommended recommended treatment treatment at NewNew Beginnings. The The probationer probationer was assessed assessed andand recommended recommendedto to attend attend Level Level 0.5 0.5 Outpatient Outpatient treatment, treatment, on 4 Friday Mornings. Mornings. According According to to the the Group Group Counselor, Counselor, thethe probationer probationer last last 5 attended on October 12, 12, 2018 andand prior prior to that, that, was not consistently attending the Friday sessions. sessions. 6

7 2nd Violation Report Report (Nov. 6, 6, 2018), 2018); see see also Progress Hr'g Hr'g Mims. Mins. at at 10:19:16 10:19:16 - 21:41AM 7

8 (Nov.6, (Nov. 6,2018). 2018). For Forthe the Defendant's Defendant'sthird third violation, violation,Probation Probationindicated indicatedin inits its report report that he: that he: 9 1. 1. Failed Failed totoobey obeyallallaws lawsofof Guam. Guam.On OnDecember December20, 20,2018, 2018,the theprobationer probationer 10 10 appeared before the Magistrate Judge appeared before Judge and was charged and was charged with with 1) Manufacturing of of aa Schedule Schedule II Controlled Controlled Substance Substance (As (As a First Degree Felony) First Degree Felony) and 2) and 2) 11 11 Family Violence Violence (As(AsaaMisdemeanor) Misdemeanor) ininCF0755-18. CF0755-18. HeHe was was remanded remanded on $5,000 cash bail. $5,000 cash bail. A criminal criminal trial trial setting setting isisscheduled scheduled for forJanuary January 28, 28, 2019 2019 12 12 before Judge Vernon P. Judge Vernon P. Perez. Perez. 13 1 2. Failed Failedtotoreport reporttwice twiceweekly weeklyfor fordrug drugtesting. testing.The Theprobationer probationer is is required required to report for for drug drug testing testing every everyMonday Mondayand andWednesday, Wednesday, and and asas instructed instructed and and 14 14 failed failed report [to] onon the the following followingdates: dates: ofofDecember December3,3,5,5,10, 10,and and 12,12, 2018. 2018. 15 15 3rd Violation Violation Report Report(Jan. (Jan. 14, 14, 2019). 2019). Because Because the the Defendant Defendant was was detained detained in in this this 2018 2018 case, the 16 16 court held this third violation violation in abeyance. See in abeyance. See Progress Hr'g Hr'gMims. Mins. at at 9:29:40 - 31 31 :35AM (Jan. (Jan. 17 17 14, 14, 2019). 2019). On October 30, 2019, Probation filed 2019, Probation filed a fourth fourth violation violation against against the the Defendant after 18 18

19 19 he: he:

20 1. 1. Failed Failedtotoreport reporttotoProbation ProbationOffice Officeonce onceaaweek weekininperson. person. The The probationer probationer is required required toto report report in person person twice twice weekly and has has failed failed to to do so. so. He He has has 21 failed failed to to report twice twice weekly weeklysince since August August 30, 30, 2019. 2019. 22 2. Failed Failedtotocomplete completetreatment treatment asas ordered ordered by by the the Court. Court. The The probationer probationer was was recommended recommended to to engage engage in in Level 0.5 0.5 at at New New Beginnings Beginnings butbut his his case case was was 23 23 closed closed due due to non-attendance. non-attendance. A A new assessment will be necessary. assessment will 3. Failed Failed totoattend attendandandsubmit submit attendance attendance for for sober sober support support meetings. meetings. The 24 24 probationer is ordered to attend attend twenty-four (24) sober sober support meetings and support and 25 25 has failed to do so. has failed so. 4. Failed Failedtotomake make fine finepayments. payments. The probationer probationer is is ordered ordered toto pay pay aa fine fine of 26 $55000.00 pluscourt courtcosts costsand andfees fees and and has has failed to $5,000.00 plus to make make payments. payments. 27 The balance balance remains remains at $5,240.00. $5,240.00.

Decision Decision & & Order Order Re. Re. People's People'sMotion MotiontotoRevoke RevokeDefendant's Defendant'sProbation Probationand andImpose ImposeJail Jail Sentence Sentence People v.v. Cruz, CF0528-16 CF0528- l Page 6 of of 14 14 5. Failed Failedtotoperform performCourt-ordered Court-orderedcommunity communityservice servicehours. hours. The The probationer probationer is 1 ordered ordered toto arrange scheduleto arrange a schedule to complete complete one fifty (150) hundredfifty one hundred hours of (150) hours 2 2 community service and has failed to has failed to do so.

3 4th Violation Report (Sept. ll, 11,2019). 2019).InInregards regardstotothis thisviolation, suspended aa five- court suspended thecourt violation,the five- 4 4 . . . . . day sanction and andheld heldthe theviolation vlolatlonin in abeyance. abeyance.See SeeProgress Mlns. at Hr'g Mins. ProgressHr'g 1:20:35-24:35PM at 1:20:35 - 24:35PM 5 (Sept. (Sept. 11, 11, 2019). 2019). At At aaProgress Progress Hearing Hearing on onOctober October30, 30,2019, courtaddressed thecourt 2019,the the addressed the 6 7 Defendant's Defendant's fifth violation, filed filed that that same same day, for for his his failure failure to to report report as as ordered ordered on days on days 7

8 8 throughout themonth throughout the monthof of October. October.See See 5th 5thViolation 2019). 2 Ultimately, the 30, 2019).2 Violation Report (Oct. 30, the

9 9 court issued aa ten-day court issued ten-day sanction sanctionon Defendantdue the Defendant on the his fourth duetoto his andfifth fourth and violations of fifth violations 10 10 probation. See probation. Progress Hr'g See Progress Mims. at Hr'g Mins. 9:17:52 - 18:1 at9:17:52- lAM (Nov. 18:11AM 4, 2019). (Nov. 4, 11 II At At the the Defendant's Defendant's next next hearing hearing on on November November4, 4,2019, 2019,the released the court released the court Defendant the Defendant 12 12

13 13 and held in abeyance and held the remaining abeyance the five (5) remainingfive ten-day sanction. his ten-day ofhis days of (5) days sanction. See Progress Hr'g See Progress

14 14 Mims. at 9:18:26 Mins. at 9:18:26 -- 19:29AM 19:29AM (Nov. (Nov. 4,4,2019). 2019).The Thecourt courtheld Progress Hearing another Progress heldanother on Hearing on 15 15 December 3, 2019, 2019, addressing theDefendant's addressing the Defendant's sixth filed that violation, which was filed sixth violation, same day. that same 16 For the For sixth violation, Probation the sixth informed the Probation informed court to the Defendant's failure to report the court the report to the 17 17 18 Probation Office following followinghis his release. release. See Violation Report 6th Violation See 6th (Dec. 3, Report (Dec. 2019). Although 3, 2019). the Although the 18

19 19 court addressed Defendant's sixth violation, the Defendant's addressed the the court violation, the issued aa bench court issued warrant for his bench warrant arrest his arrest

20 due due to his his absence Progress Hearing. absence at this Progress See Bench Hearing. See Warrant (Dec. Bench Warrant 2019). Upon (Dec. 3, 2019). the Upon the 21 warrant's returnon warrant's return on July July 14, 14,2020, thecourt 2020,the imposedaasixty-day courtimposed sanctionwith sixty-daysanction forty-six (46) withforty-six (46) 22 days suspended. Violation Hr'g SeeViolation suspended. See at 9:46:46AM Mins. at Hr'g Mims. (Jul. 22, 2020). 9:46:46AM (Jul. 23

Following Following his his release, release, Probation filedthe Probation filed Defendant's seventh the Defendant's violation, reporting seventh violation, that reporting that 24

25 he: he:

26 Wellness 1. 1. Failed Failedtotoattend attendand andcomplete complete treatment treatment with with Guam Behavioral Welkless Guam Behavioral 27 Center.

28 z2 At At the the time time this this violation violationreport reportwas was filed, thecourt filed,the courtnotes notesthat that the the Defendant Defendant was was not not released released from from confinement confinement at DOC until November November 4, 2019. SeeRelease 2019. See Release (Nov. (Nov. 4, 2019).

Decision Decision & & Order Order Re. People's People'sMotion MotiontotoRevoke RevokeDefendant's Defendant'sProbation Probationand andImpose ImposeJail Jail Sentence Sentence People People v.v. Cruz, Cruz, CF0528-16 CF0528-16 Page 7 of 1414 2. Failure to pay in full fine and court cost cost totaling $5,080.00. 1 3. Failure to pay in full full Urinalysis Urinalysis Confirmations Confirmations fees fees totaling totaling $160.00. $l60.00. 2 4. Failed to attend and complete 24 sober sober support group meetings. 5. Failure to perform and complete 150 hours of community service. 3 3

4 2021 The court issued another bench warrant for the Defendant 7th Violation Report (May 7, 2021).

5 on November November 30, 30, 2022, 2022, which which was was returned returned on on February February 27, 27, 2025. 2025. See Bench Warrant Warrant (Nov.

6 30, 2022). 7 On March March 19, 19, 2025, the People filed a Motion to to Revoke Defendant's Probation Revoke Defendant's and Probation and 8 Impose Jail Sentence ("Motion to Revoke"). Although the Defendant's Defendant's Revocation Hearing was 9

10 10 continued a few times, the court allowed defense counsel more time to file an Opposition to the to file

11 11 Motion to Revoke; filing deadline to May 20, 2025, and May 27 to Revoke, extending the Opposition's filing

12 12 Defendant 2025). However, the Defendant file file aa Reply. Reply. See Rev. I-Ir'g See Rev. Mins. at Hr'g Mims. 2:28:50PM (May at 2:28:50PM (May 6, 2025). 113 untimely submitted on May 23, submitted his Opposition to the Motion to Revoke on See Opp'n (May 23, 2025. See 14 14 2025). 3 27, 2025).3 15

16 16 At the Defendant's Defendant's Revocation Revocation Hearing Hearing on on May May 29, 29, 2025, court Probation informed the court 2025, Probation

17 17 all his that all his conditions conditions were were pending completion even even after after a one-year of his extension of one-year extension deferral his deferral 18 18 period. period. See See Revocation Hr'g Hr'g Mims. Mins. at 2:07:03 07:34PM (May - 07:34PM 2:07:03 -. 29, 2025). (May 29, Specifically, the 2025). Specifically, 19 19 Defendant Center; Defendant still must complete: assessment with Guam Behavioral Health and Wellness Center, 20 20

five-thousand-dollar ($5,000.00) fine five-thousand-dollar ($5,000.00) eighty-dollar ($80.00) and eighty-dollar fine and court costs; ($80.00) court one hundred and costs, one 21

22 22 fifty (150) fifty hours of (150) hours of community community service, and twenty-four service; and (24) self-help twenty-four (24) meetings. Id. self-help meetings. After Id. After

23 hearing the parties' arguments, the court took the matter under advisement. 24 24 \\\ 25 25

26 26 3 3 If a motion is untimely If filed, the untimely filed, filing of the filing allow the may allow court may the court motions beyond of motions beyond the limit previously the time limit set by previously set the by the court. See 8 GCA §§65.45 court. See 65.45 ("Failure ("Failureby byaaparty partytotoraise raise defenses defenses ororobjections objections orortoto make make requests requests which which must must be 27 27 made prior made to trial, prior to trial, at at the time set by the the time pursuantto§ the court pursuant to § 65.15, 65.15, oror prior prior to to any any extension thereof made by the the courtfor thecourt butthe thereof, but waiver thereof, constitute aawaiver shall constitute court, shall causeshown forcause shownmay grantrelief may grant from the relieffrom thewaiver. court ")The court waiver.")The 28 28 arguments in the the arguments consider the not consider will not will the Defendant's after the court extended the Opposition after Defendant's Opposition on deadline for briefs on the deadline May 6, May 2025. 6, 2025.

Decision Decision &&Order Order Re. Re. People's People's Motion MotiontotoRevoke RevokeDefendant's Defendant'sProbation Probationand andImpose Sentence Jail Sentence ImposeJail People People v. Cruz, Cruz, CF0528-16 Page Page 8 of of 14 14 DISCUSSION 1

2 If the cou1"t If findsthat court finds thatthe theDefendant Defendanthas has"inexcusably "inexcusably failed failed to to comply comply with a substantial

3 requirement imposed as as a condition of the order," requirement imposed order," it may may revoke revoke probation probation and and sentence sentence or or 4 resentence theoffender. resentence the offender.99 GCA GCA §§ 80.66(a)(2). 80.66(a)(2). IfIfaacourt courtchooses chooses to to revoke revokeprobation, probation, the the court court 5 may may sentence sentence the the defendant to any defendant to any sentence sentence that it may that it may have have originally imposed. 99 GCA originally imposed. GCA §§ 6

7 80.66(b). However, However, it shall not not revoke revoke probation for aa defendant's of a condition unless defendant's violation of

8 the court determines that revocation "will "will best best satisfy satisfy the ends ends of of justice and the best of best interests of

99 the public" the public" under under all all circumstances. circumstances. 99 GCA GCA §§ 80.66(a)(2). 80.66(a)(2). 10 10 The Supreme Court Court of of Guam held held that that "probation is aa favor "probation is granted by the favor granted state, not a the state, 11 II which aa criminal defendant is entitled." right to which v. Camacho, 2009 People v. entitled." Peopl Guam 6 1i 26 (quoting 2009Guam6126 (quoting 12 12 13 13 Parker v. State, 676 v. State, 3 , 1085 676 N.E.2d 11083, ( d . Ct. 8 5 (Ind. t. App. p 11997)). 9 ) To e v o k e aad defendant's To r revoke e f e n d a n t'

14 14 probation, the probation, the court court must must make two two determinations. First, the determinations. First, the court court must must "make aa factual factual 15 determination that a violation determination that violation of a condition of of probation actually occurred." probation has actually Camacho, occurred." Camacho, 16 16 1 27 2009 Guam 6 1] 27 (quoting (quoting Parker, 1083 at 1085). If the violation is proven, then Parker, 676 N.E.2d 1083 17 17

18 the court must probation." Id. if the violation warrants revocation of probation." must "determine if Id 18

19 19 Despite the Defendant's Defendant's failure failure to timely timely file file his his Opposition Opposition in in this this case, the court case, the still court still

20 20 Flores, of Quitugua v. Flores, of the issue before it. In Petition of has an obligation to analyze the merits of 21 the Supreme Court of Guam held that that "the "the failure written opposition, file aa written failure to file of a opposition, the filing of 22 lower court notice non-opposition, or the disregard of untimely filed papers" does not relieve the lower 23 24 of of its obligation obligation to consider the merits of of aa motion motion before rendering its before rendering decision. Petition of its decision. 24

25 Quitugua Quitugua v. v. Flores, 2004 2004 Guam 19 W 27-28. 191127-28.

26 \\ \\ 27 \\ \\ 28

Decision Decision & & Order Order Re. Re. People's People's Motion MotiontotoRevoke RevokeDefendant's Defendant'sProbation Probationand andImpose Jail Sentence ImposeJail Sentence People v. v. Cruz, CF0528-16 Cruz, CF0528-16 Page Page 9 of of 14 14 A. Defendant DefendantCruz theconditions violatedthe Cruzviolated of his probation. conditions of 1

2 standard for The standard determining whether for determining probationerviolated whetheraaprobationer condition of probation is violated aa condition

3 3 necessary to reasonably necessary as reasonably such as be such and the facts be that "the evidence and that the judge that to satisfy the the that the 4 . . 1 . . probationer's conduct probatloner's has not been as conduct has required by as required the conditions by the of probation." conditions of 2009 Camacho, 2009 probation." Camach 5 Guam 66 1],r 30 (quoting People v. Guam 10 ,rii 7). When facing Guam 10 1998 Guam v. Angoco, 1998 revocation, "the facing revocation, 6 7 defendant bears defendant theburden bearsthe showingan burdenofofshowing excusefor anexcuse failuretotocomply forfailure with the complywith condition." Id the condition." Id 7

8 State v. (quoting State Peters, 609 A.2d 40, 43 (N.J. 1992)). v. Peters,

9 violations and pretrial violations (9) pretrial nine(9) accumulated nine Defendant accumulated the Defendant case, the this case, In this seven (7) and seven (7) 10 10 violations while violations the court while the deferred acceptance court deferred of his acceptance of plea. The guilty plea. his guilty court can The court factually can factually 11 11 determine that all determine that theseviolations all these actually occurred violations actually afterreviewing occurred after the court's reviewing the record of court's record events. of events. 12 12

13 13 laboratory reports, on laboratory Based on the Defendant's signed reports, the declarations, and signed declarations, open and his admission in open

14 14 court, the court can factually determine that the Defendant tested positive tested positive for

15 as issue as had to issue warrants it had bench warrants 15 methamphetamines. The methamphetamines. courtalso Thecourt pointstotothe alsopoints five (5) bench thefive 16 16 of the evidence of Defendant's failure the Defendant's to report failure to to probation report to over the probation over years. The the years. Defendant also The Defendant 17 17 18 absconded from absconded the court from the for aatotal courtfor periodof totalperiod three (3) of three and six (3) years and months. See six (6) months. See Revocation Revocation 18

19 19 Hr'g 2:27:07 -- 07:32PM Mins. at 2:27:07 Hr'g Mims. (May29, 07:32PM (May 2025).Based 29,2025). onthe Basedon violationreports, the violation Probation's reports, Probation's

20 20 testimony at testimony the Revocation at the Revocation Hearing, the parties' and the Hearing, and arguments, the parties' arguments, court finds the court finds that the that the 21 Defendant has violated multiple conditions of has violated probation on several occasions. his probation of his 22 22 B. Defendant Cruz'sviolations DefendantCruz's warrantrevocation violations warrant of probation. revocation of 23 23 With regard to With regard probation revocation, to probation the Supreme revocation, the Court of Supreme Court the United ofthe States has United States noted has noted 24 24

25 25 State clearly that "the State has an clearlyhas interest in an interest punishment and deterrence, in punishment but this deterrence, but interest can this interest often be can often

26 26 means... alternative means served fully by alternative against judgments against enforcejudgments powerlesstotoenforce notpowerless stateisisnot [T]hestate ... [T]he 27 . . those financially those unable to financially unable pay a fine. to pay Forexample, ire. For thesentencing example,the court could sentencingcourt extend the couldextend time the tune 28

Decision & Order Decision & Order Re. RevokeDefendant's MotiontotoRevoke People's Motion Re. People's Probationand Defendant'sProbation ImposeJail andImpose Sentence Jail Sentence v. Cruz, People v. l Cruz, CF0528-16 Page 10ofl4 Page 10 of 14 for for making payments, or reduce making payments, the fine, reduce the that the probationer direct that fine, or direct perform some probationer perform form of some form 1

2 2 labor or public in lieu service in public service of the lieu of fine." Bearden v. the fine." 660, 671-72 (internal v. Georgia, 461 U.S. 660,

3 quotations omitted). citations and quotations omitted). 4 As As mentioned mentioned earlier, court may the court earlier, the revoke probation may revoke findsthat probation ififititfinds theprobationer thatthe has probationer has 5 "inexcusably to comply "inexcusably failed to withaasubstantial comply with requirement imposed substantial requirement as aa condition imposed as the condition of the 6

7 order." order." 99 GCA GCA§§80.66(a)(2). 80.66(a)(2).InInother otherwords, words,aaprobationer's probationer'sviolation violationofofprobation probationwarrants warrants 7

s8 revocation when it upsets the intent of it upsets the probationary of the conditions. In Camacho, probationary conditions. the Supreme Camacho, the

9 Court of ofGuam Guam held enough serious enough was serious testing was drug testing for drug report for to report that the probationer's failure to held that 10 10 to warrant revocation when considering warrant revocation the condition considering the being violated condition being was treatment. violated was See treatment. See 11 11 Camacho, Guam 66 H,r 32. Camacho, 2009 Guam the probation, the under probation, required under asrequired fine as the fine paying the not paying 32. Despite not 12 12

Court of Supreme Court Supreme Guam reasoned of Guam thatfailure reasoned that pay a fine alone to pay failure to was not alone was as serious not as serious as not as not 13 13

14 14 reporting for for drug because the tests, because drug tests, defendant was the defendant of drug-related was convicted of offenses and drug-related offenses had and had

15 defendant remained sober. Id. 15 drug testing listed as a condition listed as ofprobation condition of to ensure probation to the defendant ensure the 16 16 Unlike Unlike the the probationer in Camacho, probationer in conditions are Camacho, all conditions pending the are pending Defendant's the Defendant's 17 17 18 completion. See Revocation Hr'g See Revocation Mins. at Hr'g Mims. (May 29, at 2:07:03 - 07:34PM (May 2025). The 29, 2025). Defendant The Defendant 18

19 19 asks asks the for one last chance court for the court thathe stating that chance stating not violent, he isis not abide by violent, will abide by the conditions the conditions

to 20 imposed, thegravity understandsthe and understands imposed, and ofthe gravityof situation.Id.Id at thesituation. 2:09:07-.-10:40PM. at 2:09:07 the l0:40PM. Although the 21 complete the Defendant acknowledge that he failed complete conditions of the conditions his probation, ofhis he also probation, he asks the also asks 22 22 court for an an opportunity ofhis conditions of opportunity to complete the conditions probation; something his probation, he claims something he this claims this 23 23

24 has not court has given him. notgiven him. Id. Id. 24

25 25 While While the the Defendant Defendant claims he was that he claims that not given was not chance, the given aa chance, Defendant was released the Defendant

26 26 from confinement the court time the Every time case. Every 2016 case. this 2016 to this assigned to judgeassigned every judge confinement by every released the court released 27 . 1 . Defendant, every opportunity Defendant, he had every to perform opportunity to some hours perform some ofcommunity hours of service or community sewxce treatment; ortreatment, 28

Decision Decision & &Order Order Re. Re. People's RevokeDefendant's MotiontotoRevoke People's Motion Probationand Defendant'sProbation ImposeJail andImpose Sentence Jail Sentence v. Cruz, CF0528-16 People v. CF0528-16 Page 11 of Page 14 of 14 make aa small or make payment towards small payment fines and towards his fines court costs. and court Since the costs. Since court deferred the court its deferred its 1

2 2 of the acceptance of acceptance Defendant's guilty plea in 2018 the Defendant's ofhis 2018-- in light of with the his agreement to comply with

3 he repeatedly Agreement - he terms of his Deferred Plea Agreement terms neglected to repeatedly neglected make progress to make any of his progress on any 4 .u . conditions. See generally See general Hr'g Order After Hr l y Or 3 22023). (Jan. 223, 'g (Jan. 02 Notably, he Notab as ccharged he wwas har with w ith 5 committing a first-degree felony in CF0755-18. See 3rd Violation in CF0755-18. (Jan. 14, Report (Jan. Violation Report 2019). While 14, 2019). While 6 he was not given the Defendant believes he an opportunity given an complete his opportunity to complete probationary conditions his probationary 7

8 in this in case, the this case, court has the court not had also not has also an opportunity had an to address opportunity to address the Defendant in more than more than

9 bench warrant in this case. last bench the last issued the 9 since ititissued years since three (3) years 10 10 The substantial requirement imposed substantial requirement as a condition in this imposed as Defendant's case was the Defendant's this case 11 11 completion of completion treatment. When oftreatment. imposing treatment When imposing as a probationary treatment as purpose of probationary condition, the purpose 12 12

13 13 doing so isis totoachieve doing so sustained sobriety achievesustained for a adefendant. sobriety for However, sobriety defendant. However, becomes sobriety becomes

14 14 unattainable without unattainable the right withoutthe The court support. The right support. Defendant multiple the Defendant court gave the opportunities multiple opportunities 15 15 . . . . . . . considering revocatlon, before consldenng such as revocation, such him from as releasing hum confinementin from confinement orderto in order comply with to comply wlth 16 16 the conditions of probation. Instead, the his probation. of his Defendant regularly the Defendant failed to report to Probation for regularly failed 17 17 when he testing, tested positive when on the court's he was brought in on warrant, and absconded court's warrant, Hom this absconded from 18 18

19 19 years and court for three (3) years six (6) and six months. See (6)months. Revocation I-Ir'g See Revocation Mins. at Hr'gMims. 2:27:07 - 07:32PM at 2:27:07

20 20 (May accept the Defendant's guilty plea court has yet to accept the court importantly, the More importantly, 2025). More 29, 2025). (May 29, and plea and 21 enter judgment against enter judgment him.While againsthim. the court While the aware of court isis aware the difficulties of the in dealing difficulties in with dealing with 22 22 addiction, the addiction, Defendantcannot the Defendant expecttotoovercome cannotexpect hisaddiction overcome his he will addictionifif he the effort put in the will not put 23

24 attend and to attend complete treatment and complete programsprovided treatmentprograms him, or providedtotohim; at the or at very least check in with the very 24

25 25 Probation. Probation. 26 revocation"will thatrevocation determines that Unless the court determines and the justice and of justice ends of the ends satisfy the best satisfy "will best 27 . . . . interests of best interests the public" of the under all pubic" under circumstances, the all circumstances, court shall the court not revoke shall not probation revoke probation for for 28

Decision Decision & & Order Order Re. People's Motion Re. People's RevokeDefendant's MotiontotoRevoke Probationand Defendant'sProbation ImposeJail andImpose Sentence Jail Sentence People v. Cruz, CF0528-16 v. Cruz, Page 12 of14 Page violating violating aa probationary condition.99GCA probationary condition. GCA § § 80.66(a)(2). 80.66(a)(2). This This case case was was originally originally brought brought in in 1

2 2 2016 and the the Defendant Defendant entered entered into into his his Deferred Plea Plea Agreement Agreement on onJune June 29, 29, 2018. 2018. Based on

3 the the Defendant's performanceon on probation probationover over the the past past seven seven (7) (7) years, years, the Defendant's performance the court court is not not 4 4 confident that the Defendant will that the will make make progress progress with with treatment treatment if allotted allotted another another extension of 5 probation. In Guam, probation. In Guam, DOC DOC provides provides a Residential Residential Substance AbuseTreatment Substance Abuse Treatment("RSAT") ("RSAT") 6 6 7 program for its its inmates inmates who are are battling battling addiction. addiction. Rather Rather than than leave the Defendant Defendant to seek seek 7

8 8 treatment on his treatment on his own, own, the the court court believes believes that that itit is in the best interests interests of of the public and and will will best

9 9 satisfy the ends ends of justice to allow allow DOC's DOC'ssupervision supervisionand and assistance assistance of of the the Defendant Defendant on on his his 10 10 path to to recovery recovery through through the theRSA RSAT program. 11 11 Because the Defendant has inexcusably failed to has inexcusably to comply complywith withtreatment treatmentas as aa substantial substantial 12 12

113 condition condition of ofhis his probation, probation, the court finds that thatrevocation revocation of of the Defendant's probation will will best best

14 14 satisfy the ends of of justice justice and and the the best best interests interests of the the public. public. Therefore, Therefore, the the court court grants grants the the 15 15 People's People's Motion Motionto toRevoke Revokethe theDefendant's Defendant'sProbation Probationand and Impose Impose Jail Jail Sentence. Sentence. 16 16 \\ \\ 17 17 \\ \\ 18 18

19 19 \\\ 20 20 \\ \\ 21 \\ 22 \\ 23 23

24 24 \\\ 25 25 \\

26 26 \\ \\ 27 27 \\ 28

Decision Decision & &Order Order Re. Re. People's People'sMotion MotiontotoRevoke RevokeDefendant's Defendant'sProbation Probationand andImpose ImposeJail Jail Sentence Sentence Peoplev. v. Cruz, Cruz, CF0528-16 Page Page 13 of 14 13 of 14 CONCLUSION 1

2 For the reasons statedabove, reasonsstated thecourt above,the courthereby GRANTSthe GRANTS hereby People's Motion thePeople's to Revoke Motion to Revoke

3 Probation and Defendant's Probation Defendant's Impose Jail and Impose Sentence. In Jail Sentence. consideration of In consideration ruling, the of this ruling, court the court 4 hereby ENTERS hereby Defendant's guilty the Defendant's ENTERS the plea as guilty plea to the as to Chargeof FirstCharge theFirst POSSESSION OF ofPOSSESSION OF A 5 SCHEDULE IT CONTROLLED SCHEDULE II SBUSTANCE(As CONTROLLEDSBUSTANCE 3rdDegree (Asa a3rd Felony). The court DegreeFelony). shall court shall 6

issue a Judgment issue ofConviction Judgmentof with this Decision Conviction concurrent with and Order. Decision and 7

9 court. this coulT. before this scheduled before is scheduled proceeding is further proceeding No further No 10 10 %§15 2025 AUG 11 SO ORDERED this QRDERED this ----------- 12 12

13 13 \ 14 -

15 15

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

19 19

22 22

23 23 SERVICE SERVICE WA VIlAE-IVIAIL E-MAIL 24 24 electronic an electronic that an acknowledge that II acknowledge copyof the original copy of the e-mailed to: original was e-mailed 25 Aln; i k e~ - T-a~ f fS r

26 Date /55/./' ne Iggf Date:~/~knme:~ 27 4,ybr~€~ DeputY Clerk, Deputy SuJHior Court of Guam Clerk, Sui%rior 28

Decision &&Order Decision RevokeDetlendarit's MotiontotoRevoke People's Motion Re. People's OrderRe. Probationand Defendarit'sProbation Impose Jail andImpose Sentence Jail Sentence v. Cruz, People v. Cruz, CF0528-16 Page 14 of Page 14 of 14