F FD l gJ__ CII LED
SUPERiOr (;ouT SUPERiOR COURT
1 OF GUA:v1 Go :
2 202~ MAYnay -1-'1 f)M
211211 FH 2126
5
3 CLERK OF CLERK OF~URT
cpuar :: ....
4 IN THE SUPERIOR COURT OF OFEHAM
ypAM
8
@--
5 6 PEOPLE OF GUAM Criminal Criminal Case No. CF0360-22 GPD Case No. 22-14363
7 vs.
8 CHRIS EDHER, DECISION AND ORDER 9 (aka (aka GRACEFUL PEDRO) (Revocation of Probation)
Probatj.on)
DOB: 08/13/1996 08/13/1996
10 Defendant. Defendant.
11
12 This This matter
matter came Alberto E. Tolentino came before the Honorable Alberto Tolentino on on December
December 21, 2023, upon
13 the People Peopleof of Guam's
Guam'sMotion
Motion to Revoke Probation Probation (Nov.
(Nov..13, 2023). At
13, 2023). Atthe
the hearing,
hearing, Public
Public Defender
14 Stephen Hattori appeared Stephen Hattori appearedon onbehalf
behalfof
ofDefendant
DefendantChris
ChrisEdher
Edher("Defendant"),
("Defendant"),and
andActing
Acting Chief
15
16 Prosecutor Gloria Gloria Rudolph appeared
appearedon
onbehalf
behalfofthe
of of Guam
People of Guam("People").
("People"). Having
Having considered
considered
17 the parties' briefs, oral oral arguments,
arguments, and the applicable applicablelaw,
law, the
the Court
Court now
now issues
issuesthe
thefollowing
following order
18 GRANTING the People's People'sMotion.
Motion.
19 BACKGROUND 20 On June 7,
7, 2022,
2022, Defendant
Defendant was
was indicted
indicted on
on one
one count
count of
of Aggravated
Aggravated Assault
Assault (as
(as aa Third
Third
21 Degree Degree Felony) and one count count of
of Criminal
Criminal Trespass (as aaPetty Trespass (as PettyMisdemeanor).
Misdemeanor). Indictment (June (June 7,
22 2022). On OnDecember
December19,
19,2022,
2022, pursuant
pursuant to
to aa plea
plea agreement, Defendant pleaded agreement, Defendant pleadedguilty guilty to Assault
23 24 (as a Misdemeanor), Misdemeanor), as a lesser lesser included
included offense
o/ense ofAggravated
Aggravated Assault
Assault (as
(as aa Third
Third Degree
Degree Felony),
Felony),
25 and to Criminal CriminalTrespass
Trespass (as a Petty
Petty Misdemeanor).
Misdemeanor). Judgment
Judgment at 2 (Dec. 19, 2022).
2022). Defendant
Defendant was
26 sentenced toaaterm sentenced to termof ofincarceration
incarceration of
of twelve
twelve (12) months, all suspended, andaatwo suspended, and two(2)
(2) year
yearterm
term of
of
1 probation with the probation with the Probation Probation Services
Services Division
Division of
of the
the Superior
Superior Court
Court of
of Guam
Guam ("Probation
("Probation
2 Services").
Services"). IdIdRelevant here, Relevant Defendant
here, was
Defendant subj
was act the
subject conditions::
probationaryconditions
followingprobationary
thefollowing
3 • "Defendant "Defendant ...
...agrees
agreestotoattend
attendall
allCourt
Courthearings
hearings [and]
[and] report
report to
to probation
probation as required."
required."
4 • "Defendant "Defendant shall
shall report to the
the Adult
Adult Probation
Probation Office
Officeonce
onceaamonth
month in in person,
person, or
or as
as ordered
by the Court or the
the Probation
Probation office.
office. Defendant
Defendant shall
shall report
report to the Adult Probation Services 5 Office within
within forty-eight
forty-eight (48)
(48) hours
hours of
ofhis
his release
release from
from incarceration
incarceration [for]
[for] intake
intake and
and
6 processing."
processing."
• "Defendant "Defendant shall obey .all all federal and local
local laws of Guam."
Guam."
7 • "Failure "Failure of
ofDefendant
Defendant to follow
followall
allofofhis
hisprobation
probation[][]conditions
conditionsmay mayresult
result in
in aa hearing
hearing to
8 revoke probation, probation, and
and Defendant
Defendant may
may then
then bebe sentenced
sentenced up
up toto the
the maximum
maximum penalty
penalty under
under
the law for the crime to
to which Defendant
Defendant is is pleading pleadingguilty."
guilty."
9 Id Id at at 4-5.
4-5.
10 On November
November 7,
7, 2023,
2023, the Court
Court called
called this
this case
case for
for aa progress
progress hearing,
hearing, but
but Defendant did
11
12 12 not appear.
appear. The The next
next morning,
morning, the
the Court
Court issued
issued a warrant
warrantfor
for Defendant's arrest.
arrest. The
The warrant
warrant was
13 13 returned shortly thereafter;
returned shortly thereafter, the the marshals determined that marshals determined that Defendant Defendant was
was at
at the Guam
Guam Detention
14 Facility Facilitybecause becausehe
hehad
had been
been arrested
arrested on
on an the early hours of November an unrelated matter in the November8, 8,2023
2023.
15 15 See Return of of Warrant
WarrantService
Service (Nov.
(Nov. 8,
8, 2023).
16 16 On November
November 14,
14, 2023, Probation Services 2023, Probation Services filed filed a Second Violation
Violation Report with
with the
the Court.
17 The Second Second Violation Violation Report
Report makes
makes two
two allegations:
allegations: first,
first, that
that Defendant
Defendant has
has been
been charged
charged with
18 18 Theft by Receiving Theft Receiving(as (as aa Second
Second Degree
DegreeFelony)
Felony)ininaanew
newcase,
case, Criminal
Criminal Case
Case No.
No. CF0722-23,
CF0722-23; and
and
19
20 second, thatDefendant second, that Defendant"never "never reported to
to the
the Probation
Probation Office
Office for
forIntake
Intake and
and Processing as
as ordered
21 on his released releaseddate
dateon
onOctober
October26,
26,2022."
2022."Second
SecondViolation
Violation Report
Report (Nov. 14,
14, 2023).
22 On November 30, 30, 2023, the People
2023, the People filed aa Motion Motion to
to Revoke
RevokeDefendant's
Defendant's Probation
Probation and
and
23 Impose Jail Sentence. The Jail Sentence. The People Peopleargue
argue that
that Defendant
Defendant violated
violated his
his probation by failing to to appear
appear
24 for for the the progress hearing hearing on November
November 7, 2023,
2023, failing to comply
comply with
with his
his reporting
reporting conditions,
conditions, and
and
25 to obey
failing to obey all all the
the laws
laws of
ofGuam in light
Guam in light of
ofCriminal
Criminal Case
Case No.
No. CF0722-23.
CF0722-23. See
See generally
generally Mot.
26
27 Revoke (Nov.
(Nov. 30,
30, 2023).
2023). Defendant
Defendantfiled
filedananOpposition
Oppositionon
onDecember
December13,
13,2023,
2023, arguing
arguing that
that
28 probation should not be should not be revoked because because the
the People have
have not
not met
met their
their burden
burden of
ofpersuasion
persuasion that
that
1 Defendant Defendant isis no no longer
longer aa "good
"good risk"
risk" for probation.
probation. Opposition at 22 (Dec.
Opposition at (Dec. 13, 2023). The 13, 2023). The Court
Court
2 heard the the matter
matter on
on December
December 21,
21, 2023,
2023, and tookthe
andtook thematter
matterunder advisement at under advisement atthe
the conclusion
conclusion of
of
3 the hearing.
hearing.
4 DISCUSSION
5 In In Guam, "probation
"probation is
is aa favor
favor granted
granted by
by the
the state,
state, not a right to which which a criminal defendant defendant
6 is is entitled."
entitled." People v. Camacho, 2009 Guam 6 ,r'll 26.
v. Camacho, 26. However, However, "once
"once the
the state grants that
state grants that favor,
favor, it
7
8 cannot simplyrevoke cannot simply revokethe theprivilege
privilege at
atits
itsdiscretion."
discretion." Id Instead,
Instead, revocation
revocation must
must comply with 9
9 GCA GCA §§ 80.66(a)(2), 80.66(a)(2), which
which provides:
provides:
10 10 the the court,
court, if satisfied
satisfied that the
the offender has inexcusably failed has inexcusably failed to to comply
comply with aa
111 substantial requirementimposed substantial requirement imposedasasa acondition conditionofof the
the order
order may
may revoke thethe
suspension suspension or orprobation probationand andsentence
sentenceororre-sentence
re-sentencethetheoffender.
offender.Violation
Violation of
of a
12 condition condition shall not result in in revocation, revocation, however,
however, unless
unless the
the court
court determines
determines that
that
revocation under
under all the circumstances circumstances thenthenexisting existingwill
will best
best satisfy
satisfy the
the ends
ends of
13 13 justice and the
the best
best interests
interests of
of the
the public.
14 The Guam Guam Supreme Court has
Supreme Court hasreferred referred to
to this
this as
asaa"two-step
"two-step process." Camacho, 2009 Guam 6 ,rfl process." Camacho,
15 27. First, First, the
the Court
Court must
must "make aa factual
factual determination that thataaviolation
violation of
of a condition of
of probation
probation
16 16 actually has hasoccurred."
occurred." Id
Id Then,
Then, "[i]fa
"[i]fviolation is is
a violation proven,
proven,the
thecourt
courtmust
must determine
determine if the violation violation
17 17
18 warrantsrevocation."
warrants revocation." Id Id
19 19 A. Defendant Has Violated the the Conditions of His Probation
20 The Court Court must
must first determine
determine whether
whether Defendant
Defendant has
has violated
violated his
his probationary
probationary conditions
conditions..
21 "The "Thestandard standard of
ofproof
proofrequired
required at
at aa probation
probation revocation
revocation hearing
hearing is
is that
that the
the evidence
evidence and
and the facts
22 be such such as reasonably reasonably necessary
necessary to satisfy the
the judge
judge that
that the
the probationer's
probationer's conduct
conduct has
has not been
been as
as
23 required by by the
the conditions
conditions of
of probation."
probation." Camacho, 2009 Guam 66 ,r1130.
2009 Guam The decision to 30. The to revoke 24 probation "must be based based on
on credible
credible evidence," but
but the
the defendant
defendant "beards the burden of of showing
25
26 an excuse excusefor for the
thefailure
failuretotocomply
complywith
withthe
thecondition."
condition."Id
Id (quoting State
State v.
v. Peters, 609 A.2d 40,
27 43 (no. 1992);
43 (N.J. 1992)).
11 Here, it it isis clear
clearthat
that Defendant
Defendant violated
violated the
the probation
probation condition
condition that
that he
he attend
attend all court
court
2 hearings, as he hearings, as he did did not
not attend
attendthe
theNovember
November 7, 2023hearing
7, 2023 hearingbefore
beforethis
thisCourt.
Court. It is
is also
also clear
clear that
that
3 Defendant has has violated
violated the probation condition that he "report to probation that he probation as required," based based on
4 the allegation-signed allegation-signed by
byboth
both aa Senior
Senior Probation Officer
Officer and
and aaProbation
ProbationOfficer
OfficerSupervisor-that
Supervisor-that
5 Defendant did not report report to
to the
the Probation
Probation Office
Office at
at all between
between his release from
from custody in October
6 2022 andhis 2022 and hisarrest arrestininNovember
November2023.
2023. Second
SecondViolation
Violation Report
Report (Nov.
(Nov. 14,
14, 2023),
2023); see
see also First
7
8 Violation ViolationReport Report(Nov.
(Nov.28,
28,2022)
2022)(noting
(notingthat
thatDefendant
Defendanthad
had not
not yet
yet reported
reported to Probation
Probation for
for intake
9 and processing).
processing). Defendant
Defendant has
has introduced
introduced no evidence to contradict contradict these claims, nor offered these claims, offered an an
10 10 excuse for his violations.
violations.
11 11 The Court
Court also recognizes
recognizes that
that Defendant
Defendant has been charged in in Criminal
Criminal Case
Case No.
No. CF0722-
12 23 and that thathis
hisprobation
probationconditions
conditions in
in this
this case
caseinclude
include aarequirement
requirementthat
thathe
he"obey
"obey all federal and
and
13 13 local laws of of Guam."
Guam." The
TheCourt
Courtisiswary
waryofofrevoking
revokingprobation
probation on
on the
the basis
basis of
of aa newly
newly charged
charged
14 14
15 15 offense, especially especiallyone
onethat
that has
has not been fully adjudicated.
adjudicated. See People v.v.Manila, See People Manila, 2005 Guam ,r,r Guam 66Fm
16 16 28-31. However, it is is not necessary
necessary for
for the
the Court base its decision on the violation of Court to base of the "obey
17 all laws" provision provisionof
ofthe
theJudgment.
Judgment. Instead,
Instead, the
the Court
Court can
can resolve
resolve this
this case based solely
solely on its two
118 prior findings: that that Defendant
Defendant has violated the has violated the requirement requirement to attend
attend all hearings
hearings and has violated has violated
19 19 the requirement requirement to
to report
report to,
to, and
andregularly
regularlycheck
checkin
inwith,
with,the
theProbation
ProbationOffice.
Office.
20 B. Defendant's Probation Violations Warrant Warrant Revocation
Revocation
21 Next, the
the Court
Courtmust
mustdetermine
determine whether
whether Defendant's
Defendant's probationary
probationary violations
violations warrant
warrant
22 revocation. revocation. Under Under 99 GCA
GCA§§80.66(a)(2),
80.66(a)(2),revocation
revocationshould
shouldoccur
occur only
only if
ifdoing
doing so
so would "best satisfy
would "best satisfy
23
79
24 the ends ofjustice ends of justiceand
and the
the best interests of the public."
25 The Court Court is
is deeply
deeply concerned
concerned that Defendant
Defendant never
never reported
reportedto
to the
the Probation
ProbationOffice
Office for
26 intake and and assessment
assessmentand
anddid
didnot
notcomply
complywith
withhis
hisrequirement
requirementotoreport
reporttotothe
theProbation
ProbationOffice
Office for
for
27 more than than aa year.
year. This
This conflicts
conflictswith
withthe
thefundamental
fundamental purpose
purpose of
ofprobation:
probation: to
to grant
grant an
an individual
1 an opportunity opportunity to rehabilitate rehabilitate under
under supervised
supervised release.
release. This
Thiscannot
cannot be
be accomplished
accomplished where
where an
an
2 individual individual fails to to commence
commence the
the supervisory
supervisory process.
process. Further,
Further, this
this suggests
suggests to
to the
the Court
Court that
that
3 Defendant did not take his release conditions seriously, since since itit should
should have
have been
been abundantly
abundantly clear
4 to him both from from the
the Judgment and from
Judgment and from the
the colloquy at
at his
his sentencing
sentencing hearing that he he was being
5 released to probation-not probation-not from the criminal justice system entirely.
6 Along Alongthose
those same
same lines,
lines, Defendant's
Defendant's failure
failure to
toappear
appear at
at the November
November 7,
7, 2023
2023 hearing
hearing also
7
8 suggests that Defendant suggests that Defendantdid didnot
not take
take his
his release
release conditions
conditionsseriously.
seriously. Although
Although Defendant
Defendant did
9 appear for post-judgment hearings on May May 9, 2023, and
and July
July 11,
ll, 2023,
2023,ititappears
appears that
that Defendant
Defendant was
10 in custody custody for for another unspecified criminal another unspecified criminal case case when
when he
he appeared
appearedfor
for those
thosehearings.
hearings. See
See Min.
11 11 Entry (May (May 9,
9, 2023),
2023); Min.
Min.Entry
Entry(July
(July11,
11,2023).
2023).Thus,
Thus,it itdoes
doesnot
notappear
appearthat
thatDefendant
Defendant attended
attended
12 12 those hearingspurely those hearings purelyof of his
his own
own volition.
volition. The
Theonly
onlypost-judgment
post-judgment hearing
hearing which
which Defendant
Defendant could
13 13 choose to attend the hearing attend was the hearingon
onNovember
November 7,
7, 2023,
2023, and
andhe
hechose
chosenot
nottotodo
doso.
so. This suggests to
14 14 the Court that Defendant may not attend future hearings attend future hearings ifhe if remains on probation.
15 15
16 16 Under Under these circumstances, circumstances, the
theends
endsof
ofjustice
justice and the interests and the interestsof
of the
the public
public would
would be served
17 17 by revocation revocation of ofDefendant's
Defendant's probation.
probation. InInexecuting
executinghis
hisplea
pleaagreement,
agreement, Defendant
Defendant made
made a deal:
deal:
18 18 if if he he complied complied with
with the
the conditions of supervised release for supervised release two years, for two years, he
he would
would avoid
avoid one
one year
year of
of
19 19 incarceration. incarceration. Defendant Defendant is
is not
not the
the only
only beneficiary
beneficiaryofofthis
thisarrangement,
arrangement; the
the public
public also
also an
an interest
interest
20 in trusting trusting that that those
those released
released on probation
probation will comply
comply with
withtheir
theirprobationary
probationary terms.
terms.
21 Unfortunately, Defendant has Unfortunately, Defendant hasavailed availed himself
himself of the
the benefit
benefit of
ofprobation
probation for
formore
morethan
than aa year,
year, but
but
22 has not undertaken has not undertakenthe thecorresponding
correspondingobligations
obligationstotothe
thejudicial
judicialsystem
systemorortotothe
thepublic.
public.Revocation
Revocation
23
24 is therefore necessary to maintain the the integrity
integrity of
ofthe
the probationary system.
25 CONCLUSION
26 Based on the above above analysis,
analysis, the
the Court
Court GRANTS the
the People's Motion
Motion and
and REVOKES
27 Defendant's probation.
probation. The Court
Court will
will schedule
schedule aa sentencing hearing to sentencing hearing to give give the
the parties
parties an
an
11 opportunity to argue opportunity to argue whether whether the
the twelve-month
twelve-month term
term contemplated
contemplated in
in the
theJudgment
Judgment remains
remains
2 appropriate under the circumstances.
circumstances.
3 MAY MAY - 772021.
2024
SO ORDERED
ORDERED this
this
4
5 ~- ~ = ~l!ER L T BERTO O E. TOLENTINO -
6 Judge, Could of Guam Judge, Superior Court
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23 SERVICE SIERVICIE vIA VIAE-MAHL
IE-MA!L
24 acknowledge that I acknowledge that an an electronic
electronic
copy of copy of the the original
original was e-mailed to:
to:
25 Ao,po~c AS I Fvfc
26 Date: -7/'?'(Tlm92:3 27 A 91 Ql ar Deputy Clerk, Su tor Court of Guam