People v. Cruz

Opinion

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5 IN THE SUPERIOR COURT COURT OF OF GUAM GUAM 6 )) CRIMINAL CRIMINAL CASE NO. NO. CF0037-16 CF0037-16 7 7 PEOPLE OF OF GUAM, GUAM, ) ) GPD Report Report No. No. 15-15737 15-15737 ) 8 vs. ) )) 9 )) 10 10 MARVIN MARVIN EVANGELISTA EVANGELISTA CRUZ, ) DECISION & ORDER ) RE. PEOPLE'S PEOPLE'S MOTIONMOTION TO REVOKE DOB: DOB:03/21/1962 03/21/1962 DEFENDANT'S DEFENDANT'S PROBATION 11 11 )) )) 12 12 ) Defendant. )) 13 13 ________________ >) 14

15 This matter came came before before the the Honorable Honorable Alberto Alberto E. Tolentino Tolentino on on October October 31, 31, 2024, 2024, for aa 15

16 16 Revocation Revocation Hearing. Hearing. Defendant Marvin Evangelista Defendant Marvin Evangelista Cruz ("Defendant") ("Defendant") was waspresent present with with counsel 17 17 Public Defender Stephen Hattori. Assistant Stephen Hattori. Assistant Attorney Attorney General General Aaron Aaron Boyce was was present present for the 18 18 People of ofGuam Guam ("People"). ("People").During Duringthe thehearing, hearing,the thecourt courtheard heard the the parties' parties' arguments arguments on on the 19 19 People's People's Motion Motionto toRevoke Revokethe theDefendant's Defendant'sProbation Probationand and Impose Impose Jail Jail Sentence. Following the Sentence. Following the 20 20

21 hearing, the court took hearing, the took the the matter matter under under advisement advisement pursuant to Supreme pursuant to Supreme Court Court of Guam Guam

22 Administrative Rule 06-001, Administrative Rule CVR 7.1( 06-001,CVR 7.l(e)(6)(A) e)( 6)(A) and and CR CR 1.1 1. 1 of ofthe the Local Local Rules Rules of ofthe the Superior Superior 23 23 Court of ofGuam. Guam. Having duly duly considered considered the the parties' briefings, briefings,oral oralarguments, arguments, and and the applicable 24 24 law, the court now issues issues this Decision Decision and and Order GRANTING the People's Motion the People's Motion to Revoke 25 25 the Defendant's Defendant's Probation Probation and and Impose Jail Sentence. 26 26

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Decision Decision &&Order OrderRe. Re. People's People's Motion Motionto to Revoke Revoke Defendant's Defendant's Probation People People v. Cruz, CF0037-16 Page Page l1 of of 13 13 BACKGROUND 1

2 2 On January 22, 2016, January 22, 2016, Defendant DefendantCruz Cruzwas was charged chargedwith withPOSSESSION POSSESSIONOF OF A

3 SCHEDULE II CONTROLLED CONTROLLEDSUBSTANCE SUBSTANCE(As a 3rd (As a 3rdDegree DegreeFelony) Felony)based basedon onevents events that that 4 4. occurred on or or about about June June 8, 2015. 2015. Indictment (Jan. 22, 2016). On (Jan. 22, On February February 3, 3, 2016, 2016, the the could court 5 released the the Defendant on personal personal recognizance at his arraignment, pending the arraignment, pending the disposition disposition of of 6

7 his case. case. To Todate, date, the the Defendant Defendant has has received a total total_ of twenty-seven twenty-seven violations for violating 7

8 conditions of of his probation

9 Defendant Cruz's A. Defendant Cruz'sViolations Violations while while on on Pre-Trial Release Pre-Trial Release 10 10 on pre-trial While on pre-trial release, release, the the Adult Probation Probation Office filed seventeen Office ("Probation") filed seventeen 11 violations against against the Defendant. Defendant. For the first violation, violation, the the report report indicated indicated that that the the Defendant Defendant 12 12

13 13 tested tested presumptive positive for methamphetamines, presumptive positive whichhe methamphetamines, which he challenged. challenged. See See 1st 1st Violation

14 14 Report (Feb. 19, 19, 2016). 2016). After AfterProbation Probation sent sent his sample off island sample off island for for confirmatory confirmatory testing, testing, the 15 15 results came came back back positive positive for for methamphetamines. Id. methamphetamines. Jd. 16 16 Less than than a month later, later, Probation filed aa second second violation, violation, stating stating that that the the Defendant Defendant 17 17

18. tested presumptive presumptive positive for for methamphetamines methamphetamines on two separate separate dates. See 2nd dates. See 2nd Violation 18

19 19 Report Report (Mar. 25, 2016). After challenging 25, 2016). challenging both both test test results, Probation Probation sent both samples samplesoff off island

20 for for confirmation, confirmation, which whichcame came back back positive positivefor formethamphetamines methamphetamines again. again. Id. The The court court addressed addressed 21 both violations 'and sanctionedthe and sanctioned theDefendant Defendantfive five (5) (5) days to be served served at at the the Department Department of 22 Corrections ("DOC"). ("DOC"). See SeeCriminal CriminalTrial TrialSetting SettingMims. Mins. at at 9:50:57-57:36AM 9:50:57-57:36AM (Mar. (Mar. 28, 28, 2016). 2016). On 23 23 24 April 14, April 14, 2016, the People 2016, the People declared the theDefendant Defendantlegally legally eligible eligible to to participate participate in in the the. Adult Drug 24

25 Court Program. Program.

26 On On July July 18, 2016, 2016, the the court court sanctioned sanctionedthe theDefendant Defendantmore moretime timetotoserve serve at atDOC DOC for a 27 27 See Further third violation. See Further Proceedings Proceedings Mins. Mins. at at 9:33:l 7AM (July 18, 9:33:17AM 18, 2016). Probation's Probation's third 1 third 28

Decision Decision &&Order Order Re. Re. People's People's Motion Motionto to Revoke Revoke Defendant's Defendant's Probation People People v. Cruz, CF0037-16 CF0037-16 Page Page 2 of of 13 13 violation report stated that the Defendant tested presumptive positive for methamphetamines on 1

2 13, 12, May 13, 12, and and 27, 2016, 2016; and and failed failed to to report report to Probation as as ordered on June,6, June.6, 8, 10, 10, 17, and

3 2016. See 24, 2016. See 3rd Violation Report (July 1, 1, 2017). 2017). However, However, the the Defendant Defendant did admit to the 4 positive test results through his written declaration. Id. 5 On September 19, 2016, Probation Probation filed aa fourth fourth violation for for another presumptive presumptive 6

7 positive test positive test for formeth, Violation Report {Sept. met, which he also challenged back in August. See 4th Violati'on (Sept.

8 2016). Again, 19, 2016). Again, the off-island confirmation detected detected methamphetamines methamphetamines in in the the Defendant's

9 sample. Id. For the Defendant's fifth violation Defendant's fifth violation filed filed on on October October 21, 21, 2016, 2016, Probation stated that he 10 10 "failed to report to the probation office for for three three times times weekly drug testing." See 5th Violation 11 ll Report (Oct. Report (Oct. 21, 21, 2016). 2016). For For the the violations, violations, the the court committed the the Defendant to to DOC until until his 12 12

13 13 Proceedings Mims. next hearing. See Further Proceedings Mins. at 9:39:16AM (Oct. 24, 2016).

14 14 release on October After his release 31, 2016, Probation October 31, Probation filed sixth violation tiled a sixth violation for for testing testing 15 15 presumptive positive for methamphetamines presumptive positive methamphetamines and marijuana (THC). See 6th Violation See 6th Violation Report Report 16 16 (Dec. 19, 2016). 2016). Rather Rather than than challenge this test, the Defendant admitted to his drug consumption 17 17 18 through a written declaration. Id. However, declaration. Id. However, Probation Probation declared declared him him clinically ineligible for the 18

19 19 Adult Drug Court I Program on January 19, 19, 2017. On January 31, 2017, the Defendant received

20 20 another violation for testing presumptive another violation positive for methamphetamines, presumptive positive methamphetamines, which he admitted admitted 21 through a written declaration. See 7th Violation Report (Jan. 31, 2017). For the sixth and seventh 22 22 violations, the court sanctioned the the Defendant three days to serve at DOC. See Pre-Trial Conf. 23 23 24 24 Mins. at Mims. at 9:47:58AM 9:47:58AM (Feb. (Feb. 13, 2017). 2017).

25 25 Although the Defendant was reassessed reassessed for Adult Drug Court and deemed eligible to 26 26 participate in the program, Probation Probation filed filed an eighth violation for testing positive for marijuana 27 consumption, which which he denied. See 8th Sth Violation Violation Report (June 23, 23, 2017). 2017). Off-island Off-island confirmatory 28

Decision Decision &&Order Order Re. Re. People's People's Motion Motiontoto Revoke Revoke Defendant's Defendant's Probation People People v. CF0037-16 v. Cruz,CF0037-16 Page Page 3 of of 13 13 testing testing returned backpositive returned back positive for marijuana. Id. for marijuana. Id. A A few few months months later, later, Probation Probation filed filed another another 1

2 2 violation for failure failure to to report report three three times. times aa week week in person to the Probation person to Probation Office. See See 9th 9th

3 Violation Report(Sept. Violation Report (Sept.13, 13,2017). 2017). During During aa Violation ViolationHearing, Hearing,the thecourt courtsanctioned sanctioned the Defendant 4 4 . . . . . to serve five days at atDOC DOC for for his hisviolations. vlolatlons.Violation VlolatlonHr'g Hr'g Mins. Mrs. atat9:22: 9:22: 18-22:24AM (Sept. 20, 5 2017). 6

7 After sewing After servinghis hissanction, sanction, the the Defendant received a tenth violation violation after testing testing positive

8 for for methamphetamines andopiates. methamphetamines and opiates.See See10th 10thViolation Violation Report (Nov. 20, 2017). 2017). After After challenging

9 Probation's test results again, Probation's again, off-island off-island confirmatory testing still came came back positive results results for 10 10 both methamphetamine methamphetamine and and opiates. opiates. Id. After After serving serving his his sanction sanction at DOC for for this this violation, violation, 111

Probation filed Probation filed eleventh eleventh and and twelfth twelfth violations violations for for the the Defendant's Defendant'sfailure failure totoreport report three three times a 12 12

13 1 week. See week. See 11th nth Violation ViolationReport Report (Dec. (Dec. 29, 29, 2017), 2017); see also 12th Violation Report 12th Violation Report (Jan. (Jan. 18, 18, 2018).

14 14 The court court subsequently subsequently issued a bench warrant warrant for the the Defendant's Defendant's arrest arrest on onJanuary January 26, 2018, 2018, 15 ) 15 which was eventually eventually returned returned on on February 13,,2018. 13;2018. 16 16 At aa Return At Return of ofWarrant Warrant hearing, hearing, the the court court vacated vacated the the Defendant's Defendant's bench bench warrant warrant but but 17 17 sanctioned him himthirty thirty days daysto toserve serve at atDOC DOC for for the the violations. See Return of Warrant Hr'g Hr'g Mims. Mins. 18 18

19 at 1:27:35-27:56PM (Feb. (Feb. 14, 14, 2018). 2018). Despite Despite being being auto-released after completing auto-released after completing his his sanction, sanction,

20 20 the Defendant received received a thirteenth violating violating after after failing failing ==to toreport reportto to Probation Probationupon upon his release. 21 See 13th Violation Violation Report Report (Apr. (Apr. 5, 5, 2018). 2018). Upon Upon Probation's Probation'srecommendation, recommendation, the court revoked 22 22 his pre-trial release on April 16, 16, 2018. See Violation 2018. See Violation Hr'g Hr'gMims. Mins. at at 9:47:28~49556AM (Apr. 16, 9:47:28""49:56AM (Apr. 16, 23 23 24 24 2018). 2018).

25 25 Due to a conflict conflict of ofinterest, interest, the court granted granted the theAlternate AlternatePublic Public Defender's Defender's withdrawal

26 26 from representation and appointed representation and appointedthe thePublic Public Defender Defender Service Corporation Corporation to represent represent the 27 27 Defendant. upon Probation's Probation's recommendation recommendationViolation Violation Hr'g Hr'g Mims. Mins. at 10:14:41-17:0SAM 14:41-17:05AM (Apr. (Apr- 28

Decision Decision &&Order Order Re. Re. People's People's Motion Motiontoto Revoke Revoke Defendant's Defendant's Probation People People v. Cruz, CF0037-16 v. Cruz, CF0037-16 Page Page 4 of 4 Of 13 13 30, 30, 2018). Probation later 2018). Probation later filed filed the the Defendant's fourteenthviolation Defendant's fourteenth violation for for testing testing positive positive for I

2 2 methamphetamines. See14th methamphetamines. See 14thViolation ViolationReport Report (May (May 3, 2018). After After the the Defendant Defendant denied denied usage,

3 Probation sent his sample sent his sample off-island for confirmatory confirmatory testing testing again, again, which which ultimately ultimately returned returned 4 4 back positive positive results results for for methamphetamine. Id. methamphetamine. Id. \ 5 ,r Although Although the the court court released him under under conditions conditions on on May May 21, 2018, Probation 21, 2018, Probation filed filed the 6

7 Defendant's fifteenth violation for for failing failing to to report report to to Probation Probation three three times times aa week. week. See See 15th 15th 7

8 8 Violation Report Violation Report (June (June 11, 11, 2018). 2018). Even Even after after the the court court warned warned the Defendant about his lack about his lack of

9 9 reporting, Probation filed reporting, Probation filed another violation for failure another violation failure to to report report as as ordered. ordered. See See 16th Violation Violation

10 Report (July, Report (July, 2, 2018). The The Defendant Defendant remained remained committed committed at at DOC DOCuntil untilthe the could court released him 11 11 on conditions on conditions on on August August 23, 2018. 2018. Unfortunately, Unfortunately, the Defendant failed to report to Probation Defendant failed Probation upon 12 12

13 13 his release, release, which led to his seventeenth seventeenthviolation. violation. See See 17th 17thViolation Violation Report (Sept. 13, 13, 2018).

14 14 On September 18, 18, 2018, 2018,the theDefendant Defendantpled pledguilty guiltyas astotothe thecharge chargeof ofPOSSESSION POSSESSION OF

15 15 A SCHEDULE SCHEDULE IIII CONTROLLED CONTROLLEDSUBSTANCE SUBSTANCE(As a 3rd (As a 3rdDegree DegreeFelony). Felony).However, However,the the court court 16 16 deferred its acceptance of the Defendant's plea for acceptance of for two two years. years. In In that that time, time, the the Defendant Defendant was was 17 17 ordered to pay ordered to pay aa fine fine and and court court costs, costs, perform perform community community service, service, and most most importantly, 18 18

19 19 participate inthe participate in theAdult AdultDrug DrugCourt CourtIIProgram Program("Adult ("Adult Drug Drug Court"). See Order After After Hearing Hearing

20 20 (Oct. 19, 19, 2018). 21 B. Defendant Defendant Cruz's Cruz'sViolations Violations while in in Adult Adult Drug Drug Court 22 During his time in Adult Adult Drug Court, Court, Probation Probation filed tiled five five violations violationsagainst against the the Defendant 23 23

24 for for failure failure to: to: report report as as ordered, ordered; refrain refrain from from consuming consuming illegal illegalcontrolled controlledsubstances, substances; and and attend attend 24

25 25 counseling. When When the the Defendant began began his participation in Adult Adult Drug Drug Court Court on on October October 5, 5, 2018,

26 26 he failed failed to to appear appear for for his his Progress Hearing scheduled Progress Hearing scheduled for forthat that day. day. As Asaaresult, result, the the court court issued issued a 27 27 bench warrant warrantfor for the the Defendant's Defendant's arrest arrestfor for his his failure failure to to appear appearand andaafirst firstviolation violation filed filed by 28

Decision Decision &&Order Order Re. Re. People's People's Motion Motiontoto Revoke Revoke Defendant's Defendant's Probation People People v. v. Cruz,CF0037-16 CF0037-16 Page Page 5 of of 13 13 Probation violation, the report indicated Probation aa day earlier. For the first violation, Defendant admitted indicated that the Defendant to: admittedto l

2 ingesting methamphetamines, to report failing to methamphetamines; failing week for report to Probation three times a week testing; for drug testing,

3 group counseling and failing to attend weekly group sessions. See counseling sessions. 1st Violation See 1st Report (Phase I) (Oct. Violation Report 4 4, 2018). 5 The bench warrant was bench warrant not returned was not until February returned until 21, 2019, February 21, resulting in 2019, resulting Probation in Probation 6

Defendant's failure subsequently filing a second violation. This violation reported the Defendant's report failure to report 7

8 for almost five months and and his his admission to ingesting admission to illegal controlled ingesting illegal substances. See controlled substances. See 2nd

99 Violation Report (Phase (Phase I) I) (Feb. Probation's 2019). Having considered the violation and Probation's (Feb. 21, 2019). 10 10 recommendation, recommendation,the the court court sanctioned sanctionedthe the Defendant sixtydays Defendantsixty to be sewed days to DOC with servedatat DOC an auto- with an 11 11 release date. See Return of at 9:40:04--41:1 Mins. at of Warrant Hr'g Mims. ?AM (Feb. 9:40:04-41 : 17AM 25, 2019). (Feb. 25, Despite his 2019). Despite 12 12

13 13 on April 22, 2019, Probation filed the Defendant's release on third violation Defendant's third for his violation for failure to report his failure

14 14 three times a week week for for drug testing. See 3rd Violation Violation Report Report (Phase (Phase I) I) (May 2, 2019). In the same 15 15 month, Probation filed a fourth violation on the fourth violation same basis the same as the basis as Defendant's previous violation. the Defendant's 16 16 See 4th Violation Violation Report Report (Phase I) (May 30, 2019). 17 17 For 31, 2019, the court issued scheduled Progress Hearing on May31 at aa scheduled For his failure to appear at issued 18 18

19 a bench bench warrant for the the Defendant's See Bench Defendant's arrest. See 2019). Upon Bench Warrant (June 3, 2019). the warrant's Upon the warrant's

20 20 return, Probation filed filed the Defendant's Defendant's fifth failing to report as ordered and testing for failing violation for fifth violation 21 21 positive for methamphetamines. positive for See 5th methamphetamines. See Violation Report 5th Violation (Phase I) (June Report (Phase 13, 2019). (June 13, After 2019). After 22 22 granting his release from from DOC on June 28, 2019, 2019, the the court subsequently ordered court subsequently the Defendant's ordered the Defendant's 23 23

24 termination from the Adult Drug termination from Drug Court Program. See Court II Program. (July 1, Stipulated Order at 2 (July See Stipulated 2019). 1, 2019). 24

25 25 of this matter to Although the court no longer permitted any dismissal of include expungement, the to include

26 26 the Defendant's court continued to defer acceptance of the guilty plea. Id. Defendant's guilty 27 \\ \\ 28

Decision Decision &&Order Order Re. Re. People's People's Motion Motiontoto Revoke Revoke Defendant's Defendant's Probation People People v. v. Cruz, CF0037-16 CF0037-16 Page Page 6 of of 13 13 C. Defendant Defendant Cruz's Cruz'sViolations Violations while while on on Traditional Traditional Probationary Probationary Supervision Supervision l

2 Since the the Defendant's Defendant's transfer transferout outof of Adult Adult Drug Drug Court, Defendant Cruz Court, Defendant Cruz received received five five

3 more violations of ofhis his probationary probationary conditions. conditions. For For his his first first violation, violation,Probation Probationaddressed addressed his his 4 . . . . . failure to report to to Probation Probatlon as as instructed. See1st instructed.See 1stViolation VlolatlonReport Report(Aug. (Aug. 28, 28, 2019). 2019). However, However, 5 the court held the the court the violation violation in in abeyance to give abeyance to give the the Defendant Defendant another chance to another chance to comply with 6

7 Probation. See Further Probation. See Further Proceedings ProceedingsMins. Mins.atat 9:55:53AM 9:55:53AM (Aug. (Aug. 28, 28, 2019). 2019). Later Later that that day, day, 7

8 8 Probation filed aa second second violation, citing citing his his first first positive positive drug drug test test since since his his termination termination from

9 9 Adult Drug Court. Court. See See 2nd Violation Report Report (Aug. (Aug. 28, 28, 2019). 2019). Probation Probation later later filed filed another another 10 10 violation for the the Defendant's Defendant's failure failure to report report three three times times a week for for drug drug testing. testing. See 3rd 3rd 11 11 Violation Report Violation Report (Sept. (Sept. 24, 24, 2019). 2019). 12

13 1 The court court addressed the second and addressed the and third third violations violations on on September September 24, 24, 2019, 2019, in in aa Further

14 14 Proceedings, which which the the Defendant Defendant failed failed to toattend. attend. Instead Instead of ofissuing issuing aa warrant warrant for for his his arrest, arrest, the 15 15 court issued a Summons Summonsfor for the theDefendant's Defendant's appearance appearance at his next scheduled hearing. See Further 16 16 Proceedings Proceedings Mims. at9:55:09-56:22AM Mins. at 9:55:09-56:22AM (Sept. 24, 24, 2019). The Defendant Defendant eventually answered answered to 17

18 his violations violations on on November November18, 18, 2019, 2019, which which the court held in abeyance. abeyance.See SeeViolation Violation I-Ir'g Hr' g Mims. Mins. 18

19 19 at 9:43:04-44:22AM (NOV. 18, 9:43:04-44:22AM (Nov. 18, 2019). 2019). However, However, Probation Probation filed filed a fourth violation for the fourth violation the

20 20 Defendant's Defendant's violation violationofofthe thesame sameconditions: conditions: failing failingtotorepo1"t report as ordered and andtesting testingpositive positive for 21 methamphetamines. See4th methamphetamines. See 4thViolation ViolationReport Report (Nov. (Nov. 29, 29, 2019). 2019). Although Althoughthe the Defendant Defendant had had been 22 22 consistent consistent in admitting admitting to his consumption of illegal consumption of illegalcontrolled controlledsubstances substances during during and and after his 23 23 24 participation participation in in Adult Adult Drug Drug Court, Court, this violation violationmarked marked his first first challenged challenged drug drug test. Id. Because 24

25 25 the Defendant failed failed to to appear appear for for his his scheduled scheduled hearing hearing on on December December 2, 2, 2019, 2019, the the court court issued

26 26 another bench benchwarrant warrantfor for the the Defendant's Defendant's arrest. arrest. 27

Decision Decision & Order Order Re. People's People's Motion Motion to to Revoke RevokeDefendant's Defendant's Probation Probation People v. v. Cruz,CF0037-16 Cruz, Page 7 of of1313 The bench warrant was returned May 28, 2024, approximately five years after the court 1

2 issued it. During a Progress Hearing, the court set the matter for revocation on August 29, 2024.

3 See Progress Hr'g Hr'g Mims. at 2:51:llPM Mins. at 2:51:1 (July 18, 18, 2024). In tum, the People subsequently filed its 4 Defendant's Probation Motion to Revoke the Defend'ant's Probation and Impose Impose Jail Jail Sentence Sentence ("Motion") on July 25, 5 2024. 2024. On August 8, 8, 2024, 2024, the the Defendant Defendant filed filed his his Opposition Opposition to to the the Motion Motion ("OppoSition"). ("Opposition"). 6

7 Probation also filed the Defendant's fifth fifth violation violation on on August August 12, 12, 2024, 2024, for for his failure failure to report

8 upon his release from confinement confinement and three times a week as instructed. See 5th Violation Violation Report

9 (Aug. 12, 2024). 2024). Due Due to to the the Defendant's failure to appear at his Revocation Hearing, the court 10 10 issued another bench warrant for his arrest. See See Revocation Hr'g Hr'g Mins. 'at 2:03:57PM (Sept. 3, Mins.'at 11 2024). After the warrant was returned on September 18, 18, 2024, the court vacated the warrant and 12 12

13 . _ rescheduled rescheduled the the Defendant's Defendant's Revocation Hearing. · 13

14 14 At the Revocation Hearing, Probation addressed the the Defendant's Defendant's history in in this matter and 15 15 gave its recommendation recommendation to enter enter judgment in in this thisdeferred deferredcase case and' and revoke the Defendant's Defendant's 16 16 probation. See See Revocation Hr'g Hr'g Mims. Mins. at 2:41:45-44:44PM 2:41:45-44:44PM (Oct. (Oct. 31, 31, 2024). Consistent with its 17 17 Motion, the People concurred with Probation's concurred with Probation's recommendation revoke. Id. to revoke. recommendation to Id. at 2:44:17- 2:44: 18 18

19 19 44:54PM. In contrast, justified why contrast, the Defendant justified why the court should not revoke at this time and

20 20 requested entry instead requested entry of judgment judgment and another three three years of probation. probation. See See Revocation Revocation Hr' Hr'g 21 Mims. at 2:46: Mins. at 2:46:17-46:37PM (Oct. 31, 17-46:37PM (Oct. 31, 2024). 2024). After After hearing hearing the the parties' arguments, the court took 22 the matter under advisement. advisement. 23 23

24 DISCUSSION

25 If If the court finds that the Defendant has has "inexcusably failed to comply with a substantial

26 26 requirement as a condition imposed as requirement imposed condition of the order," order," it may may revoke revoke probation probation and and sentence sentence or 27 27 resentence the offender. resentence the offender. 99 GCA GCA §§ 80.66(a)(2). If aa court 80.66(a)(2). If court chooses chooses to to revoke revoke probation, probation, the the court court 28

Decision Decision &&Order Order Re. Re. People's People's Motion Motiontoto Revoke Revoke Defendant's Defendant's Probation People People v. v. Cruz,CF0037-16 CF0037-16 Page Page 8 of of 13 13 may may sentence the defendant sentence the defendanttotoany anysentence sentencethat thatmay mayitithave haveoriginally originallyimposed. imposed.See See99GCA GCA § § 1

2 80.66(b). 80.66(b). However, it shall shall not revoke probation probation for violation violation of ofaacondition condition unless unless the the court court ' 3 determines that thatrevocation revocation "will "will best best satisfy satisfy the the ends ends ofjustice justiceand and the best interests interests of of the the public" public" 4 . under under all all clrcumstances. See99GCA circumstances. See GCA §§ 80.66(a)(2). 80.66(a)(2). 5 The Supreme Court of Guam Supreme Court Guam held that "probation is aa favor favor granted granted by the the state, state, not not aa 6

7 7 right to which a criminal defendant defendant isis entitled." entitled."People v. Camacho, 2009 Guam 6 ,r1]26 People v. 26(quoting (quoting

8 8 Parker v. State, State, 676 N.E.2d N.E.2d 1083, 1083, 1085 1085(Ind. (Ind.Ct. Ct.App. App. 1997)). 1997)). To To revoke a Defendant's probation,

9 the court must must make maketwo two determinations. determinations. First, the court must "make a factual determination determination that 10 a violation of a condition of a of probation probation has actually occurred. occurred." 59 Camacho, ,r 27 Camacho, 2009 Guam 6 11 11 11 (quoting Parker, 676 676 N.E.2d 1083 at 1085). 1083 at 1085). If the the violation violation isis proven, proven, then then the the court court must must 12 12

13 13 "determine if if the the violation violation warrants revocationof warrants revocation of probation." probation." Id Id

14 14 D. Defendant DefendantCruz Cruzviolated violatedthe the conditions conditions of his probation. 15 15 The standard for determining standard for determining whether whether aa probationer probationerviolated violated a condition of probation is 16 16 that "the evidence and and the the facts, facts. be such as reasonably necessary such as necessary to satisfy the judge that the 17 17 18 probationer's conduct has has not not been been as asrequired requiredby by the theconditions conditionsof of probation." probation." Camacho, Camacho, 2009 2009 18

19 19 ,r 30 (quoting Guam 66 1[ (quoting People v. v. Angoco, 1998 1998 Guam Guam 10 ,r 7). When facing revocation, 10 1] revocation, "the

20 20 defendant bearsthe defendant bears burdenofofshowing theburden showingan anexcuse excusefor forfailure failuretotocomply complywith withthe thecondition." condition." Id Id 21 (quoting State State v. v. Peters, 609 A.2d 40, 40, 43 43 (N.J. (N.J. 1992)). 22 22 In this this case, case, Probation filed aa total total of oftwenty-seven twenty-seven violations violations against against the the Defendant: Defendant: 23

24 seventeen violations violations on pre-trial pre-trial release; release, five Eve violations violations in Adult Drug Court; Court, and andfive live violations

25 25 under traditional probationary under traditional probationary supervision. supervision. The The court can make a factual factual determination determination that that all 26 26 these these violations actually actually occurred, based on the the Defendant's declarations to his consumption of consumption of 27 27 illegal illegal controlled controlledsubstances, off-island confirmatory substances; his off-island confirmatory test test results results for for his his challenged challenged tests, tests; and and 28

Decision Decision &&Order OrderRe. Re. People's People's Motion Motionto toRevoke Revoke Defendant's Defendant's Probation People People v; v: Cruz, CF0037-16 CF0037-16 Page Page 99 of of 13 13 the court's record record showing showing his his lack lack of ofcontact contactwith withProbation Probationand and attendance attendance in in required required court court 1

2 hearings. After considering hearings. After the violation reports, considering the reports, Probation's Probation's testimony at the testimony at the Revocation Revocation

3 Hearing, and and the parties' arguments, the court finds that the Defendant has arguments, the has violated multiple 4 conditions of ofhis his probation on several occasions. occasions. 5 B. Defendant DefendantCruz's Cruz'sviolations violations warrant warrantrevocation revocation of of probation. 6

7 With regard With regard to probation probation revocation, the the Supreme Supreme Court of of the the United United States States has has noted

8 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

9 served fully by alternative means... alternative means ... [T]he [T]hestate stateisisnot notpowerless powerlesstotoenforce enforcejudgments judgments against against 10 10 those financially unable unable to pay a fine. For For example, the the sentencing court could extend the the time time for for r

11 11 making payments, payments, or or reduce reducethe thefine, fine, or or direct direct that thatthe theprobationer probationerperform performsome someform form oflabor of labor or 12

13 13 public service in public service in lieu lieu of of the the fine." fine." Bearden v.v. Georgia, 461 461 U.S. 660, 671-72 671-72 (internal (internalcitati~ons citations

14 14 and quotations quotations omitted). omitted).

15 15 As mentioned As mentioned earlier, the the court court may revoke revoke probation probation ififititfinds findsthat thatthe the probationer probationer has has 16 16 "inexcusably "inexcusablyfailed failedto tocomply complywith withaasubstantial substantial requirement requirement imposed imposed as a condition condition of the order." 93

17 17 9 9 GCA GCA §§80.66(a)(2). 80.66(a)(2).In Inother otherwords, words, aa probationer's probationer's violation violationofofprobation probationwarrants warrants revocation revocation 18 18

19 19 the violation when the violation upsets upsets the intent of the probation conditions. In Camacho, Camacho, the Supreme Court

20 20 of ofGuam theprobationer's Guam held that the probationer's failure to to report report for fordrug drug testing testingwas was serious serious enough enough to warrant 21 21 revocation when considering the condition condition being violated was vas treatment. treatment. Camacho, Camacho, 2009 Guam 22 22 6 1] 32. Despite ,-r 32. Despite not not paying paying the fine as as required required under under probation, the Supreme probation, the Court of Guam Supreme Court Guam 23 23 24 reasoned that that failure failure to pay a fine alone alone was was not not as as serious as not reporting for for drug drug tests, tests, because 24

25 25 the defendant defendant was was convicted convicted of drug-related offenses offenses and and had had drug testing listed dog testing listed as a probation probation of of

26 26 condition condition to to ensure defendant remained ensure the defendant remainedsober. sober.Id. Id 27 27

Decision Decision & Order Order Re. People's People's Motion Motion to to Revoke Revoke Defendant's Defendant's Probation Probation Peoplev.v. Cruz,CF0037-16 Cruz, Page Page 10 10 of of13 13 Unlike the probationer in Camacho, Camacho, all of Defendant Cruz's probation conditions remain 1

2 outstanding, including treatment with with Guam Behavioral Behavioral Health Health and and Wellness Wellness Center, Center, "self-help" "self-help"

3 meeting attendance, fines and attendance, fines andfees, fees,and andcourt courtcosts. costs.See SeeRevocation RevocationHr'g Hr'gMins. Mins. at at 2:42:00- 4 42:45PM (Oct. 31, 2024). 2024). During During the Revocation hearing, the Defendant acknowledged that he 5 has been unsuccessful with probation but reasoned that he has not been charged in any new cases 6

7 since his arrest in 2015. 2015, Id. Id. at at2:45:40--46:59PM. :40-46:59PM. The People argued in favor of revocation, stating

8 that continuing to keep Defendant Cruz on probation would not serve the interests of of the people 9 justice at nor the ends of justice at this this time. time. Id. Id. at at 2:44:43--44:54PM. 2:44:43-44'54PM. 10 The substantial substantial requirement requirement imposed imposed as a condition condition in this this case case is is the the Defendant's Defendant's 11 1

completion of of treatment. The purpose of a condition for treatment is sustained sobriety; sobriety, however, 12 12

13 13 sobriety sobriety becomes unattainable without becomes unattainable without the the right support. The court support. The court had had given the the Defendant Defendant

14 14 multiple multiple opportunities before considering opportunities before considering revocation. revocation. For For instance, instance, the the court court released released the the 15 15 Defendant from DOC several times in hopes that he he will will comply with his probationary conditions. 16 16 In addition, the court had continued to defer its its acceptance of his his guilty plea even when the parties 17 17 agreed to terminate him from Adult Drug Court. 18 18

19 19 Instead, the Defendant Defendant left the court no choice but to issue warrants for his arrest, arrest; the most

20 20 recent warrant being recent warrant being returned returned five five years years later. later. Further, the Defendant Further, the chose to challenge his Defendant chose 21 positive test resuhs results at least three three times times before before admitting to his dnlg drug use. Despite this change, he 22 challenged another drug challenged another drug test test after after his his termination from Adul termination from Adul Drug Court, Court, which came back 23 23 24 positive like the other three test results. results. While the court is aware of the the difficulties difficulties in dealing with 24

25 addiction, the Defendant cannot expect to to overcome his addiction if he will not put in the effort

26 26 to attend and and complete treatment treatmeNtprograms programsprovided provided to to him. him. 27

Decision Decision &&Order Order Re. Re. People's People's Motion Motionto to Revoke Revoke Defendant's Defendant's Probation People People v. v. Cruz, CF0037-16 CF0037-16 Page ll of Page 11 of1313 Unless the court determines determinesthat thatrevocation revocation"will "will best best satisfy the the ends ends of ofjustice justice and and the 1

2 2 best interests of the public" under interests of under all circumstances, the court circumstances, the court shall shall not not revoke revoke probation for

3 violation violation of ofaa condition. condition. 99 GCA GCA§§80.66(a)(2). 80.66(a)(2).While Whilethe theDefendant Defendantrequests requests one one last last chance chance to to 4 4 complete complete treatment, the Defendant has treatment, the has shown shown that that the thecourt courtcannot cannotrely relyon onhim himto tofollow follow through 5 with with treatment based based on on his his inconsistent inconsistentreporting reposting and andabsconding abscondingfrom from the thecourt's court's supervision. 6 In Guam, DOC In Guam, DOC provides provides aResidential ResidentialSubstance SubstanceAbuse AbuseTreatment Treatment ("RSAT") program for ("RSAT") for 7

8 its inmates who are battling addiction. addiction. Rather Rather than than leave leave the the Defendant Defendant to to seek seek treatment treatment on on his 9 own, the the court believes believes that that it is in in the best interests interestsof of the the public public and andwill will best satisfy the ends ends of of 10 10 justice to allow allow DOC DOCtotosupervise superviseand andassist assist the the Defendant Defendant on on his his path path to recovery recovery through through the the 11 11 RSATprogram. RSAT program. 12 12

13 Because Defendant Cruz has has inexcusably inexcusably failed failed to to comply complywith withtreatment treatmentas as aa substantial substantial

14 14 condition of of his his probation, probation, the court finds the court finds that that revocation revocation of of his probation will will best best satisfy the the 15 15 ends ofjustice ends of justice and and the best interests interestsof of the thepublic. public. Therefore, Therefore, the the court courtgrants grantsthe thePeople's People'sMotion Motion 16 16 to Revoke Revoke the the Defendant's Defendant's Probation Probationand and Impose Impose Jail Jail Sentence. Sentence. 17

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Decision Decision &&Order Order Re. Re. People's People's Motion Motiontoto Revoke Revoke Defendant's Defendant's Probation People People v. v. Cruz, CF0037-16 Page Page 12 12 of of 13 13 CONCLUSION

2 For the reasons stated above, the Court hereby ACCEPTS Defendant Marvin Evangelista

3 Cruz's guilty plea as to the charge of POSSESSION OF SCHEDULE II CONTROLLED 4 SUBSTANCE (As a 3rd Degree Felony) and ENTERS judgment in this case. The court further 5 orders that the Defendant's probation is REVOKED in the above-captioned matter. The 6

7 Defendant is hereby SENTENCED to serve THREE (3) years of incarceration at the

8 Department of Corrections, Mangilao, and shall receive credit for time already served in this 9 matter. The Court shall issue a Judgment concurrent with this Decision and Order revoking the 10 Defendant's probation, and imposing the remainder of the Defendant's three-year sentence. 11

13 No further proceeding is scheduled before this court~

14 SO ORDERED this ---=J..c..:Ac::..::.N-'-'2"----'7,______,...20~25..___ 15

19 HONORABLE ALBERTO E. TOLENTINO 20 Judge, Superior Court of Guam 21

24 SERVICE VIA EMAIL I acknowledge that an electronic copy of the original was e-mailed to: 25

26 A& c pose, 27

Decision & Order Re. People's Motion to Revoke Defendant's Probation People v. Cruz, CF0037-16 Page 13 ofl3