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CuE?iK G? ,vn*;.!;.:§`*ui 1 2825 JUL1615 PM 2025 JUL P?€3:3:45
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3 DF Qu*1 ft5§é2
4
5 IN THE SUPERIOR COURT COURT OF
OF GUAM
GUAM
6 ) CRIMINAL
CRIMINAL CASECASE no. NO.CF0087-19 CF0087-19
77 PEOPLE OF GUAM, GUAM, )) GPD GPO Report No. 19-04146
19-04146
))
8 vs. ) CRIMINAL CRIMINAL CASECASE NO. NO. CF0665-21 CF0665-21
GPD
)) . GPO Report No. 21-32445 No. 21-32445
9 )) 10 10 KURTIS JAY JAY GARRIDO,
GARRIDO, )) DECISION & ORDER DOB: DOB:03/20/1994 03/20/1994 or
or05/20/1994
05/20/1994 ) RE. PEOPLE'S MOTION MOTION TO REVOKE
11 11 )) DEFENDANT'S PROBATION ))
12 12 )
________________ Defendant.
>))
113 3
14 14 This matter came came before
before the E. Tolentino on May 29, Honorable Alberto E.
the Honorable 29, 2025, for aa 15 15 Revocation Hearing.
Hearing. Defendant Kurtis Jay Garrido Defendant K\.1I'tis Garrido ("Defendant")
("Defendant") was present with counsel counsel
16 16 Public Defender Defender Stephen
Stephen Hattori. Assistant Attorney General General Samuel Alexander was Samuel Alexander was present for 17 17
18 18 the People of ofGuam
Guam ("People").
("People").During
Duringthe
thehearing,
hearing,the
thecourt
courtheard
heardthe
the parties'
parties'arguments
arguments on
on the
19 19 People's People's Motion Motion to
to Revoke
Revoke the
the Defendant's
Defendant's Probation
Probation filed on
on April
April 15,
15, 2025.
2025. Following the
the
20 hearing, the court took hearing, the took the the matter
matter under
under advisement
advisement pursuant Supreme Court to Supreme
pursuant to Guam Court of Guam
21 Administrative Rule 06-001, Administrative Rule 06-001,CVR CVR 7.l(e)(6)(A)
7.l(e)(6)(A) and
and CR
CR 1.1
1.1 of
ofthe
the Local
Local Rules
Rules of
ofthe
the Superior
Superior
22 Court of ofGuam.
Guam. Having duly
duly considered
considered the parties' briefings, briefings,oral
oralarguments,
arguments, and
and the applicable
23
24 law, the court now issues this Decision Decision and
and Order DENYING the People's People's Motion
Motion to Revoke
Revoke the
25 Defendant's Probation. 26 \\ 27 \\ 28
Decision Decision & Order
Order Re. People's Motion Motion to
to Revoke
Revoke Defendant's
Defendant's Probation
People CF0665-21l People v. Garrido, CF0087-19 & CF0665-2 Page 1 of l11 Page ·
BACKGROUND
1
2 On February 22, 2019, February 22, 2019,the
theDefendant
Defendantwas
wascharged
charged with:BURGLARY
with: BURGLARY (As 2nd
2nd Degree
3 Felony); THEFT OF PROPERTY Felony); THEFT PROPERTY (As (As 2nd
2nd Degree
Degree Felony),
Felony); and
and POSSESSION OF A
POSSESSION OF
4 SCHEDULE II CONTROLLED CONTROLLEDSUBSTANCE
SUBSTANCE(As
(As3rd
3rdDegree
DegreeFelony).
Felony).See
SeeIndictment
Indictment (Feb.
5 22, 2019). The court released him on conditions on August 10, 2020. SeeOrder 2020.See (Aug. 10, 2020).
Order(Aug.
6
7 A. Defendant Defendant Garrido's
Garrido'sViolations on Pre-Trial Violations on Release Pre-Trial Release
8 While on on pre-trial release, the Defendant release, the Defendantreceived received four
four (4) violations
violations from
from the
the Probation
9 that stated that
Services Services Division Division ("Probation").
("Probation").For
Forthe Defendant'sfirst
theDefendant's pre-trialviolation, firstpre-trial Probationstated violation,Probation
10 10 he admitted declaration to admitted via declaration ingesting "meth"
to ingesting submitting to after submitting
"math" after drug test to a drug 15, test on October 15,
11 11 2020). Upon
22, 2020).
(Oct. 22,
Report (Oct.
Violation Report
1st Violation
2020. let 2020. receipt of Upon receipt the violation, ofthe the court violation, the court held the held the
12 12 13 13 Defendant's first first violation in abeyance.
abeyance.See
SeeViolation
ViolationHr'g
Hr'g Mins.
Mins. at
at 1:44:28 47:07PM (Nov.
:44:28 - - 47:07PM (Nov.
14 11, 2020).
11, 2020).
15 For his
his second
second violation,
violation, the
the report
report indicated
indicated that
that the Defendant tested the Defendant presumptive tested presumptive
16 16 positive positive for methamphetamines. See2nd methamphetamines. See 2ndViolation Violation Report
Report (Nov. 2020). Because 27, 2020).
(Nov. 27, he Because he
17 17 s challenged these results, results, Probation
Probation sent
sentthe
theDefendant's
Defendant's sample for confirmation testing, which sample for
118 19 19 came came back positive for methamphetamine. Id.
for methamphetamine. Id. In that that same
same violation, the Defendant violation, the tested Defendant tested
20 presumptive positive for methamphetamine presumptive positive onNovember methamphetamine on November 27, 2020.Id.
27, 2020. Id. However,
However, he "admitted
21 in writing writing via signed signed declaration
declarationtotosmoking
smoking'meth'
'met' on 2020." Id.
22, 2020."
on November 22, On November Id On
22 30, 2020, 2020, the
the court
court addressed
addressedthe
theDefendant's
Defendant'sfirst
first and
andsecond to which it held a ten violations, to
secondviolations,
23 23 24 (10) day day sanction
sanction at the Department of Corrections in abeyance, Department of abeyance, along along with
with the
the two
two violations.
24
25 25 See Further Proceedings ProceedingsMims.
Mins. at
at 1:46:12 .- 49:35PM @\Ion.
1:46:12-49:35PM 30, 2020).
(Nov. 30,
26 26 Shortly after, Defendant received his third third violation positive for presumptive positive
violation for testing presumptive 27 27 methamphetamines, which methamphetamines, headmitted.
whichhe 3rdViolation See3rd
admitted.See Report(Dec.
ViolationReport 2, 2020).
(Dec. 2, the 2020). Due to the
28 28
Decision Decision &&Order
OrderRe.
Re. People's
People's Motion
Motionto to Revoke
Revoke Defendant's
Defendant's Probation
People v.
v. Garrido,
Garrido, CF0087-19 & CF0665-21 Page Page 2 of
of 11
Defendant's Defendant's failure failure to
to appear
appear at
at his Change
Change of
of Plea
Plea Hearing,
Hearing, the court
court issued a bench warrant for 1
22 Defendant's arrest.
the Defendant's arrest. See See Change
Change of
ofPlea
Plea Hr'g
Hr'gMims.
Mins. at
at 2:41130 18, 2020). On 44:33PM (Dec. 18,
2:41:30-44:33PM
3 December December 29, 29, 2021,
2021, the warrant
warrant was returned over over aa year
year later
later and addressed before before this
this court
court at
4 . .
a Return of of Warrant
Warrant Hearlng.
Hearing. See
See Return
Return of Warrant Hr'g
ofWarrant Hr'gMlns.
Mins.atat10: (Dec.30, 18:21AM (Dec. 10:18:21AM 2021).11 30,2021).
5 The court committed the Defendant Defendant to the Department Department of
of Corrections. Order (Dec.
Corrections. See Comm. Order 6
30, 2021). Probation subsequently filed the Defendant's Defendant's fourth
fourth pre-trial for his failure pre-trial violation for
7
88 to obey all the laws of Guam based on pending charges CF0665-21. See 4th Violation Report in CF0665-21.
charges in
9 (Jan. 13, 2022).
2022). The
The court released him later released
court later from confinement him from on February confinement on 11, 2022.
February 11,
10 10 In accordance with his Plea Agreement, Agreement, the court accepted the Defendant's global plea on the Defendant's
11 July 18, 18, 2022,
2022, in
in the
the following CF0089-17, CF0665-21, cases: CF0089-17,
following cases: and CF0386-22.
CF0665-21, and See Plea CF0386-22. See Plea
12 12
13 13 Agreement Agreement (Feb.
(Feb. 1,
1, 2023).
14 B. Defendant DefendantGarrido's
Garrido's Violations on Traditional Violations on Probationary Supervision Traditional Probationary
15 15 Upon Upon the entry of
of the Defendant's
Defendant's global
global plea
plea for his cases, the received fifteen Defendant received
the Defendant
16 16 (15) more violations. (15) more is noteworthy violations. ItIt is that all of these violations noteworthy that filed simultaneously violations were filed in both simultaneously in
17 17 CF0087-19 and CF0665-21.
18 18
19 19 With his last known reposting reporting being on July
July 17, first his first
17, 2022, the Defendant received his
20 violation week for drug testing." 1st Violation "three (3) times a week
violation for failing to report to Probation "three Violation 21 Repo1"c (Aug.1,1,2022). Report (Aug. 2022).Rather Ratherthan
thanissue warrant,the issuea a warrant, court issued the court Summons for the issued aa Summons
22 Defendant's appearance Defendant's anupcoming appearance at an Violation Hearing. See upcomingViolation (Aug. 31, 2022). When Summons (Aug.
See Summons
23
24 Defendant failed the Defendant failed to to appear
appear at
at that hearing, the court then issued issued a bench
bench warrant
warrant for his arrest.
24
25 25 See Violation Violation Hr'g Hr'g Mims.
Mins. at 2:43:50PM (Sept. 2022). Upon (Sept. 16, 2022). the warrant's return on October Upon the
26
27
28 11 This This case case was
was assigned
assigned to
to the December 29, 2021. See Notice (Dec. 29, 2021).
Tolentino on December E. Tolentino
Alberto E.
Honorable Alberto
the Honorable
Decision Decision & Order
Order Re. People's
People's Motion
Motion toto Revoke
Revoke Defendant's
Defendant's Probation
Probation
People v.
v. Garrido, CF0087-19 &
Garrido, CF0087-I9 CF0665-21 & CF0665-21
Page Page 3 of
of 11
10, 10, 2022, the court 2022, the court committed committed the
the Defendant
Defendant to
to the
the custody
custody of
of the Department of Corrections.
Department of
1
2 See Comm. Order See Comm. Order (Oct.
(Oct. 10, 2022).
2022).
3 For For the second violation, the report report indicated
indicated that
thatthe
theDefendant
Defendant"[f]ailed
"[l]ailed to obey all the 4 laws of Guam" after after being
being charged
charged in
in CF0632-22. 2ndViolation CF0632-22. 2nd Violation Report Report (Oct.
(Oct. 11,
11, 2022).
2022). On
On three
5 separate datesin separate dates inNovember, November,Probation
Probationfiled
filed the
the Defendant's
Defendant's third,
third, fourth,
fourth, and
andfifth
fifthviolations
violations for
6
the Defendant's failure to to refrain
refrain from
from ingesting/consuming
ingesting/consuming illegal illegal controlled
controlledsubstances,
substances, which
7
8 he admitted to via via declaration
declaration in
in each violation. 2
each vio1ation.2
9 Probation filed the Probation filed the Defendant's Defendant's sixth violation for for testing
testing presumptive positive for presumptive positive
10 methamphetamines, whichheheadmitted methamphetamines, which admittedtotovia viadeclaration.
declaration.See
See6th
6thViolation
Violation Report
Report (Dec.
(Dec. 7,
1II1 2023). However, However,for
forthe
theseventh
seventhviolation,
violation,the
therepo1"t
report indicated
indicated that the Defendant:
Defendant:
12 12
13 1 1. Failed 1. Failed to to refrain
refrain from
fromingesting/consuming
ingesting/consuming illegal illegal controlled controlledsubstances.
substances. On
November November 29, 29, 2023, 2023, the Probationer submitted submittedto to aa drug dog test
test at
at the
the Probation
14 14 Office Officewhich
whichyieldedyieldedpresumptive presumptive positive
positiveresults
results for
formethamphetamines.
methamphetamines. He
denied using
using any any illegal drugs drugs and
and his urineurine sample sample waswas sent
sent for
for off-island
15 15 confirmation. On December 12, 2023,the 12, 2023, theProbation ProbationOfficeOfficereceived received confirmed
16 results that that thethe defendant's
defendant's urine
urine was
was positive for for methamphetamines.
methamphetamines. This This is his fifth (5 th ) positive fifth (5"'> positive test test and (1 st ) challenged and first (Is*) challenged test.
test. Please
Please note,
note, there
there isis an
an
17 eighty-dollar eighty-dollar ($80.00)
($80.00) confirmation fee. fee.
2. Failed
Failed toto refrain
refrain from
from ingesting/consuming
ingesting/consuming illegal illegal controlled controlled substances.
substances. The
18 18 Probationer Probationer submitted to drug test on December 11, 2023, with the probation to a drug test on December l l, 2023, with 19 office officeandand tested
tested presumptive
presumptive positive
positive for formethamphetamines.
methamphetamines. He admitted admitted to ingesting an illegal controlled substancesubstance namely "meth" on December 9, namely "met" on December 9, 2023 2023
th
20 via declaration. This via This is is his sixth
sixth (6th) positive since being placed on supervision.
6 ) positive
21 7th Violation
Amended 7th Violation Report (Dec. 12, 12, 2023).
2023). Prior
Prior to
to the
the next
next Progress
Progress Hearing before the the
22 court, Probation filed court, Probation filed the the Defendant's
Defendant's eighth
eighth through twelfth violations;
through twelfth violations, all all for
for testing
testing
23
24 24 presumptive presumptive positive for methamphetamines. 3 After formethamphetamines After his his release
release in
in his
his other
other criminal
criminal case
case in
in
25 October, the Defendant received received his
his thirteenth
thirteenth and fourteenth fourteenth violations
violations for testing presumptive presumptive
26 26
27 2 See 3rd Violation Report (Nov. 14, 2023), see also 4th Violation Report (Nov. 17, 2023), see also 5th Violation 2 27 See 3rd Violation Report (Nov. 14, 2023); Violation (Nov. 17, 2023); also Report (Nov.
(Nov. 30,
30, 2023).
28 28 3 See Sth Violation Report (Jan. 3, 2024), see also 9th Violation Report (Jan. 10, 2024), see also Both Violation 3 See 8th Violation (Jan. 2024); Violation Report (Jan. 10, 2024); see also 10th Violation Report Report (Jan.
(Jan. 18, 2024);
2024), see also lath
11th Violation
ViolationReport
Report(Jan.
(Jan. 31,
31, 2024),see
2024); see also 12th Violation Report (Feb. 8, 12th Violation 8, 2024).
Decision Decision &&Order
Order Re.
Re. People's
People's Motion
Motionto to Revoke
Revoke Defendant's
Defendant's Probation
People v, CF0087-19 && CF0665-21 Garrido,CF0087-I9 v. Garrido, CF0665-21 Page 4 of
of 11
positive positive for for methamphetamines again.See methamphetamines again. See 13th 13thViolation
Violation Report
Report (Oct.
(Oct. 15, 2024);
2024), see also 14th
14th
1
2 2 Violation ViolationReport Report(Oct.
(Oct.24,
24,2025).
2025).Despite
Despitehis
hisabsence
absenceat
at aa Progress
Progress Hearing
Hearing on
on October
October 30, 2024,
33 .· the court the court issued issued aa summons
summons rather
rather than a warrant
warrant to
to procure his appearance appearance at the
the next hearing.
4 . .
See Progress Progress Hr'g
Hr'g Mins
Mrs atat2:30:46PM
2:30:46PM(Oct.
(Oct.30,2024).
30,2024).However,
However,Probation
Probationfiled
filed the
the Defendant's
Defendant's
5 fifteenth violation violation for
for the
the following
followingreasons
reasons:
6
7 1. 1. Failure
Failuretotoreport
reportto
tothe
the Probation
Probation Office
Officethree
three (3)
(3)times
times aa week
week for
for drug
drug testing.
The probationer
probationer isis ordered
orderedto to report
reporttoto the
theProb
Prob son
son Office
Office every Monday,
Monday,
8 Wednesday and Friday. He last reported on October October 25, 2024.2024. The probationer has has failed to report
report for
for the
the remainder
remainder of the the month of October, October, the month
month ofof
9 November, and November, and has has yet to report for the month of of December.
10 2. Failure Failure to
tosubmit
submit proof
proofofofattendance
attendance or or completion completion of ofaadrug
drug rehabilitation
rehabilitation
program.
11 3.
3. Failure
Failure toto make
makemonthly
monthlypayments
paymentstowards
towardshishisfive-thousand-dollar five-thousand-dollar
($5,000.00) ($5,000.00) fine, eighty-dollar eighty-dollar ($80.00)
($80.00) court
court cost and
and eighty-dollar ($80.00)
($80.00)
12 confirmation confirmation fee.
fee. He
He has
has failed
failed to
to make
make any
any payments.
payments.
13 13 4. Failure Failuretotoperform
performandand complete
complete one one hundred fifty (150)
hundred fifty (150) hours hours ofof community
community
service.
14 14 5. Failure to submit 5. proof of attendance submit proof attendance or or completion completion of of twenty-four (24) sober sober
support meetings.
meetings.
15 15
16 16 15th Violation Report 15th Violation Report(Dec.
(Dec.2,2,2024).
2024).The
Thecourt
courtsubsequently
subsequentlyissued
issued aa warrant for the the Defendant's
Defendant's
17 17 arrest arrest on December 18, 2024.
2024. See
See Warrant
Warrant (Dec.
(Dec. 18,
18, 2024).
2024). On
On March
March 27,
27, 2025,
2025, the
the warrant
warrant was
18 18 returned andaddressed returned and addressedby bythe
thecourt
courtthree dayslater
threedays lateratataa Return Returnof
of Warrant
Warrant Hearing.
Hearing. At
At that
that
19 19 hearing, the court hearing, the court scheduled scheduledthis
thiscase
casefor
for aaRevocation
Revocation Hearing on
on May
May 6,
6, 2025,
2025, and
and ordered the
20 20
parties to submit their briefs briefs on
on the
the issue of
ofrevocation
revocationpursuant
pursuant to the
the deadlines set
set at the hearing.
21
22 22 See Return of Warrant Returnof WarrantHr'g
Hr'g Mins.
Mims.atat2:52:41PM
2:52:41PM(Mar.
(Mar.31,
31,2025).
2025).The
ThePeople
Peoplefiled
filed its
its Motion
Motion to
23 23 Revoke Revoke Defendant's Defendant's Probation
Probation and Jail Sentence and Impose Jail Sentence("Motion ("Motion to Revoke")
Revoke") on
onApril
April15,
15,2025
2025.
24 24 Although the
the Defendant
Defendantfiled
filed no
no opposition
oppositiontotothe
thePeople's
People's Motion
Motion to
to Revoke by the
the
25 court's court's ordered ordered deadline, the People did did not oppose his request to to file
file an opposition
opposition in
in accordance
26 26 \
I
with with the Newly set deadlines the court's hewly deadlinesmade madeatatthe
theRevocation
RevocationHearing.
Hearing.See
SeeRevocation
RevocationHr'g
Hr'g Mins.
27 27
28 at at 2:32:06PM 2:32:06PM (May 6,
6, 2025).
2025). At
Atthe
the continued
continued Revocation
Revocation Hearing
Hearing on May 29,
29, 2025,
2025, the
the
Decision Decision &&Order
OrderRe.
Re. People's
People's Motion
Motionto to Revoke
Revoke Defendant's
Defendant's Probation
People v. CF0665-21 Garrido, CF0087-19 & CF0665-21 v. Garrido,
Page Page 5 of
of 11
Defendant had not tiled filed an
an opposition.
opposition. Regardless, he requested the court to deny revocation as 1
22 he was was ready readyto
to start
starttreatment
treatmentfor hisaddiction.
forhis addiction.See
SeeRevocation
RevocationHr'g
Hr'gMins.
Mins. at
at2:28:44PM
2:28:44PM (May
(May
3 29, 2025). After After hearing
hearing the
the parties'
parties' arguments,
arguments, the
the court
court took
took the
the matter
matter under
under advisement.
4 DISCUSSION
5 If the court finds If finds that the Defendant has has "inexcusably failed to comply with a substantial 6
7 requirement imposed as requirement imposed as aa condition condition of the
the order,"
order," it may revoke
revoke probation
probation and sentence
sentence or
7
8 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
99 may may sentence sentence the
the defendant to any
defendant to any sentence that it sentence that it may
may have
have originally
originally imposed.
imposed. 99 GCA
GCA §§
10 10 However, itit shall 80.66(b). However, shall not not revoke probation
probation for
for aa defendant's violation ofaa condition violation of condition unless unless
11 the court determines determines that revocation revocation "will
"will best satisfy the ends of of justice and the best interests of 12
13 circumstances. 9 GCA §
the public" under all circumstances. § 80.66(a)(2).
14 The Supreme Court of Guam held that "probation is a favor granted by the state, state, not a
15 15 right to which a criminal defendant is entitled." People v.
v. Camacho,
Camacho, 2009 Guam 6 1[ 26 (quoting 2009Guam6126
16 16 Parker v.
v. State,
State, 676 N.E.2d 1083, 1085 (Ind.
1083, 1085 (Ind. Ct. App. 1997)).
1997)). To
To revoke
revoke aa defendant's probation, probation,
17 17 18 the court must make two determinations. First, the court must "make a factual determination that 18
19 19 a violation violation of of aa condition
condition of
of probation
probation has
has actually
actually occurred."
occurred." Camacho,
Camacho, 2009 Guam 1 27 Guam 6611
20 (quoting Parker, Parker, 676
676 N.E.2d
N.E.2d 1083
1083 at 1085).
1085). If the
the violation
violation is proven,
proven, then the
the court
court must
must
21 "determine if if the violation warrants revocation of probation."
probation." Id
Id
22 A. Defendant DefendantGarrido
Garridoviolated
violatedthe
theconditions
conditions of
of his probation.
23
24 The standard for determining whether a probationer violated a condition of probation is
25 25 that "the "the evidence
evidence and
and the
the facts
facts be
be such
such as
as reasonably
reasonably necessary to satisfy necessary to satisfy the judge that the
26 26 probationer's conduct has not been as required by the conditions of of probation." Camacho,
Camacho, 2009
27 27 Guam 6130 1130 (quoting
(quoting People v. Angoco, 1998 v. Angoco, Guam 10 'll 7).
1998Guam1017).
28
Decision Decision &&Order
OrderRe.
Re. People's
People's Motion
Motionto to Revoke
Revoke Defendant's
Defendant's Probation
People People v. CF0087-19 & CF0665-2 Garrido, CF0087-19 v. Garrido, CF0665-21I Page 6 of
of 11
Here, the Defendant
Defendant received
received aa total
total of
of nineteen
nineteen (19)
(19) violations from Probation:
Probation: four
four ((4)
4)
1
2 2 violations on violations on pre-trial release in in CF0087-19 and
andfifteen
fifteen (15) violations
violations upon
upon the court's
court's acceptance
3 of of his his global global plea.
plea. The
Thecourt can factually
courtcan factually determine determine that
that all
all these
these violations
violations actually
actually occurred
occurred
4 . . . . . .
after reviewing the coult's reviewing the court'srecord recordofofevents.
events.For
Forinstance,
instance, the
the Defendant
Defendant adrnltted
admitted via
via declarations
5 but two dig
to all but drugtest testresults,
results,which
whichcame
cameback
backpositive
positivefor
formetharnphetarnines.
methamphetamines. For those those two
6 7 7 drug tests,
challenged drug tests, the the court
courtreceived
received off-island, laboratory confirmation confirmation that
that the Defendant's
8 sample tested positive for sample tested for methamphetamines.
methamphetamines. In its
its factual
factual determination
determination that
that the
the Defendant
Defendant
9 9 obey all failed to obey all the the laws
laws ofofGuam,
Guam,the
thecourt
courtreviewed
reviewedthe
theindictments
indictments for
for CF0665-21
CF0665-21 and
and
10 10 CF0632-22, which the CF0632-22, which the Defendant Defendantreceived
received violations
violations for.
for. For his
his absence
absence from the
the court's
court's
11 11 refers to
supervision, the court refers to the the returns
returns of
ofthe
the three
three warrants
warrants issued in this case.
12 12
13 13 Based on the violation ofevents, reports, the court's record of violation reports, events, the the Defendant's
Defendant's admissions,
admissions,
14 14 the parties'
and the the court arguments, the
parties' arguments, courtfinds finds that
thatthe
theDefendant
Defendanthas
hasviolated
violatedmultiple
multiple conditions
conditions of
of
15 15 . . .
his probation probation on on several occasions
occasions..
16 16 B. Defendant
DefendantGarrido's
Garrido'sviolations
violations do
do not
not warrant
warrantrevocation
revocation of probation.
17 17 with regard to probation revocation, the Supreme With Supreme Court of the the United
United States
States has
has noted
18 18
19 19 that that "the State clearly has has an interest in
in punishment and deterrence, but this interest can often often be
20 served fully by alternative means...
alternative means ... [T]he [T]hestate
stateisisnot
notpowerless
powerlesstotoenforce
enforcejudgments
judgments against
against
21 those financially unable unable to pay a fine. For For example, the sentencing court could extend the the time
time for
22 22 making payments, payments, or
or reduce
reducethe
thefine,
fine, or
or direct that
that the
theprobationer
probationerperform
perform some
someform
form of
of labor or
23 23 24 public service in lieu public service lieu of of the
the fine."
fine." Bearden
Bearden v.v. Georgia,
Georgia, 461
461 U.S. 660,
660, 671-72 (internal citations 24
25 25 and quotations quotationsomitted).
omitted).
26 26 As mentioned As mentioned earlier, the the court
court may revoke
revoke probation
probation ififititfinds
findsthat
thatthe
the probationer
probationer has
has
27 . | . . . . ..
"inexcusablyfailed "inexcusably failedtoto comply complywlth
withaasubstantial
substantial requirement
requirement imposed as aa condition imposedas of the order."37 condition of
28
Decision Decision &&Order
Order Re.
Re. People's
People's Motion
Motionto to Revoke
Revoke Defendant's
Defendant's Probation
People People v. CF0665-21 v. Garrido, CF0087-19 & CF0665-21 Page Page 7 of
of 11
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
1
2 2 the violation upsets when the the intent upsets the intent of
of the
the probation
probation conditions.
conditions. When
When facing
facing revocation,
revocation, "the
3 defendant bearsthe defendant bears theburden burdenof
ofshowing
showingan
anexcuse
excusefor
for failure
failure to
to comply
comply with the condition."
condition."
4 .
Camacho, ,r (quotingState Camacho, 2009 Guam 6 1]30 v. Peters, 609 A.2d 40, 43 State v. 43 (N.J.
(N.J. 1992)).
1992)). In
InCamacho,
Camacho,
5 the the Supreme Court of Supreme Court of Guam held that the probationer's that the probationer's failure failure to
to report for drug
drug testing
testing was
was
6 7 serious enough to serious enough to warrant revocation when warrant revocation when considering the condition considering the condition being being violated
violated was
7
8 8 treatment. Id at treatment. Id. ,r 32.
at 1] 32. Despite
Despite not paying his court-ordered court-ordered fine, the Supreme Court of Guam Supreme Court Guam
9 9 reasoned that that failure
failure to pay a fine alone alone was
was not
not as
as serious
serious as not reporting for for drug
drug tests,
tests, because
10 the defendant was ofdrug-related was convicted of drug-related offenses offenses and
and had drug testing listed as as aa condition
condition of
of
11 11 probation to probation ensure the to ensure defendant remained the defendant remained sober.
sober.Id. the probationer Id Unlike the probationer in Camacho, Camacho,
12 12
133 1 Defendant's outstanding conditions of outstanding conditions of probation probation include
include payment
payment of
of his fine, court
court costs,
costs, and
and
14 14 confirmation confirmation fees, fees; treatment,
treatment; and community
community service.
service.
15 15 At At the
the Revocation
RevocationHearing,
Hearing, the
theDefendant
Defendantstated
stated that
that his
his stable
stable living
living environment
environment has
has
16 16 now made made itit possible
possible for
for him
himtotocomplete
completehis
hisprobationary
probationary conditions
conditions like
like treatment.
treatment. See
See
17 17 18 Revocation Revocation Hr'g Hr'gMins.
Mins.atat2:32:50 - 33:22PM (May 2:32:50-33:22PM (May29, 29,2025).
2025).Now,
Now,he
heisisready
readytotostart
start treatment
treatment
18
19 19 after his assessment withthe assessment with theGuam
GuamBehavioral
BehavioralHealth
Healthand
andWellness
WellnessCenter
Center("GBHWC")
("GBHWC") and
and
20 pending assessmentwith pending assessment withthe theSalvation
Salvation AnnyLighthouse
Army LighthouseRecovery
RecoveryCenter
Center("LRC").
("LRC"). Id.
Id. While
21 the amountof the amount of the the Defendant's violations was less of ofan
an issue
issue here, the People expressed expressed more
22 22 concern over his failure failure or lack of effort effort to
to check
checkin
inwith
withProbation
Probation for
fordrug
drug testing
testing upon
upon his
his
23 23 24 recent release.
release. Id.
Id at
at 2:34:03
2:34:03 - 34:54PM. When
When asked
asked to provide the
the court
court with
with aa reason for his
24
25 25 noncompliance in this case, the Defendant informed informed the
the court
court that along with
with his
his transportation
transportation
26 26 issues,he issues, hewas wasworking
workingatatthe
thetime
timetotoprovide
providefor
forhis
hisfamily.
family.Id.
Id at 2:35:26
2:35:26-- 36:05PM.
27 27
28 28
Decision Decision &&Order
Order Re.
Re. People's
People's Motion
Motionto toRevoke
Revoke Defendant's
Defendant's Probation
People v.
v. Garrido, CF0087-19 & CF0665-21 Page Page 8 of
of 11
Back in 2022, the court
2022, the court accepted
acceptedthe
theDefendant's
Defendant'sglobal
global plea
plea of
of guilty to
to two
two separate
separate
1
2 2 charges ofPOSSESSION charges of POSSESSIONOF OFAASCHEDULE
SCHEDULEIIIICONTROLLED
CONTROLLED SUBSTANCE
SUBSTANCE(As
(Asaa3rd
3rd Degree
3 Felony) and one charge and one chargeof
ofTHEFT
THEFT OF PROPERTY
PROPERTY (As
(Asaa3rd
3rdDegree
DegreeFelony).
Felony).See
SeeJudgment
Judgment (Feb.
4 1, 1, 2023). The The substantial requirementsimposed substantial requirements imposedas asconditions
conditionsfor
for his
his globalized
globalized cases
cases were the
5 stay-away order and stay-away order and completion completionof
of treatment.
treatment.Id.
Id at 3-4.
3-4. The
Thecourt
court acknowledges
acknowledges that
that the
the
6 7 Defendant still has has not
notreceived
received violations
violations for failing
failingto
toobey
obeythat
that stay-away
stay-away order
order for
for the
the named
named
7
8 8 victims. When imposing victims. imposing treatment as aa probationary treatment as probationarycondition, condition,the
thepurpose
purposeof
of doing
doing so
so is to
9 9 achieve sustained sobriety for aa defendant.
sustained sobriety However, sobriety defendant. However, sobrietybecomes becomes unattainable
unattainable without the
10 10 right support. 11 11 Over Over the
the past six (6)
6) years,
years, the
the court
court gave the Defendant multiple opportunities before 12
13 13 considering considering revocation, such as as releasing
releasing the
the Defendant
Defendant to
to actively seek
seek treatment
treatment on his own.
14 14 Prior Prior to to making
making his recent efforts efforts toward
toward treatment, the
the Defendant
Defendantfailed
failed to report to
to Probation for
15 drug testing on several drug testing several occasions, and tested occasions; and tested positive positive during
during the
the times
times he
he did
did report.
report. While
While the
16 16 Defendant received received multiple violations violations for
fortesting
testingpositive
positivefor
formethamphetamine,
methamphetamine, the
the court
court notes
17
18 he still had had been maintaining
maintaining contact with
with Probation and drug
drug tested
tested when
when reporting.
reporting. The court is
18
19 aware aware of the the difficulties
difficulties in
in dealing
dealing with
with addiction.
addiction. However,
However, the
the Defendant
Defendant cannot
cannot expect to
20 overcome overcome his his addiction
addiction ififhe
he will
willnot
notput
putin
inthe
the effort
efforttotoattend
attendrecommended
recommended treatment
treatment programs,
programs;
21 or seek the court's guidance how to guidance on how to navigate his addiction if he is struggling on his own.
22 Unless the
the court determines
determines that
thatrevocation
revocation"will
"will best
best satisfy
satisfy the
the ends
ends of
ofjustice
justice and
and the
23
24 best interests of the public"
interests of public" under under all
all circumstances, the court circumstances, the court shall shall not
not revoke probation for
24
25 25 violating aa probationary violating condition.99GCA probationary condition. GCA § § 80.66(a)(2).
80.66(a)(2). Based
Based on
on approximately fifteen (15)
approximately fifteen (15)
26 26 violations for for his
his failure
failure to
to refrain
refrain from
from ingesting
ingesting illegal
illegalcontrolled
controlledsubstances,
substances, it is clear to the 27 . . . . o court that court that the the Defendant
Defendant still
still needs
needs treatment
treatment for
for his
his addiction.
addlctlon. At
At the Revocation Hearing, the Revocatlon Hearing,
· 28
Decision & Order People's Motion Order Re. People's Motion toto Revoke Revoke Defendant's
Defendant's Probation
Probation
People v.
v. Garrido, CF0665-21 Garrido, CF0087-19 & CF0665-21 Page 9 of
of 11
Probation Probation informed informed the
the court
court that Defendant was that the Defendant was assessed assessed back
back in
in January of referred of 2024 and referred
1
22 LRC's in-patient to LRC's in-patient treatment.
treatment. See Revocation Revocation Hr'g
Hr'gMims.
Mins. at 2:36:52-37:48PM.
2:36:52 37:48PM. (May
(May 29, 2025).
3 Due to the the unavailability
unavailability of a bed, the Defendant Defendant was
was placed
placed on
on aa waitlist
waitlist for
for that
that in-patient
in-patient
4 u . . . .
treatment and treatment and recommended recommendedto
to attend
attendoutpatient
outpatienttreatment
treatmentwith
wlthNew
NewBeginnings until a bed Beglnnmgs until
5 available. Id.
became available. Id 6
7 In consideration
consideration of
of the Defendant's
Defendant'swaitlisted
waitlistedstatus,
status, the
the court
court believes
believes that
that itit is in the best
8 interests the public interests of the public and will best satisfy satisfy the
the ends
ends of justice
justice to
to not
not jeopardize
jeopardize the
the Defendant's
Defendant's
99 opportunity for in-patient treatment treatment when
when a bed
bed at LRC
LRC does
does become
become available to
to him. However,
10 the court court notes notes that
thatDOC
DOC provides
provides aaResidential
ResidentialSubstance
SubstanceAbuse
AbuseTreatment
Treatment("RSAT")
("RSAT") program
11 for its its inmates battling addiction. In inmates who are battling In admonishing the Defendant Defendant for
for his recent
recent failures to
12 12
13 13 stay sober and check in with Probation, the court also reminds reminds the Defendant
Defendant that RSAT is another
14 14 treatment program that he can attend as as an
an inmate
inmate of DOC ifhe
he violates this court's orders again, again;
15 15 because the court will will revoke
revoke his probation
probation sentence
sentence him in accordance with his Plea Agreement.
Agreement.
16 16 Thus, the court finds
finds that
that revocation
revocation of
of the
the Defendant's
Defendant's probation
probation will
will not
not best
best satisfy the
17
of justiceand
ends ofjustice and the the best
best interests
interests of
of the public. Therefore, the court denies the People's Pe0p1e's Motion
Motion
18 18
19 19 to Revoke Defendant's Probation and Impose Jail Sentence.
Defendant's Probation
20 \\ \\ 21 \\ 22 \\ 23 24 24 \\\ 25 \\
26 \\ \\ 27 \\ \\ 28
Decision Decision &&Order
OrderRe.
Re. People's
People's Motion
Motiontoto Revoke
Revoke Defendant's
Defendant's Probation
People v. Garrido, CF0087-19 & CF0665-21 CF0665-21
Page 10
10 of
of 11
CONCLUSION ONCLUSION
1
2 reasons stated For the reasons statedabove, above,the
thecourt
courthereby DENIESthe
herebyDENIES thePeople's People's Motion
Motion to
to Revoke
3 Probation and and Impose
Impose Jail
Jail Sentence.
Sentence.The
The court
courtalso
also EXTENDS
EXTENDS the
the Defendant's
Defendant's probationary
probationary
4 period by ONE ONE (1)
(1) YEAR
YEARtotoexpire
expireon
on July
July 17,
17, 2026.
5 For For the Defendant's
Defendant's recent violations, violations, the
the court
court hereby
hereby imposes
imposes a sanction of
of FOUR
FOUR (4)
6
MONTHS at the the Department
Departmentof
of Corrections,
Corrections,Mangilao,
Mangilao, with credit for time served.
7
8 After Afterserving
servinghis
his sanction,
sanction, the
the court will
will release
release the
the Defendant on Electronic Monitoring Monitoring
9 and House Arrest Arrest with the exception exception of
ofattending
attending his
his treatment
treatment program or seeking emergency 10 10 treatment.
medical treatment.
11
12
13 1 SO ORDERED JUL 116 2025 this - - - JUL
ORDEREDthis QM --------
14 14
15 15
16 16
17 17
18 18 HONORABLE HONORABLE ALBERTO E. TOLENTINOTOLENTINO 19 19 Judge, Judge, Superior Court of Guam Guam
20
21
22 22
23 23 slnvlce SIIIVICI!vIA
VIAe4aAII.
1!-MAIL
rt arirnowMdge
acknow•edge rhavthat an an eleclvomc electron1t
Cony Cov., ofof :he
the ungava( was ee malled o,1g,"a1 .,,,a!. mauea to to
24 24 //t;',I f!)J'c % we
25
26 26 Date We Tune 3 . s ,,\
MM' G/4% -'~»
27 27 Deputy Deputy clerk
clerk._ Superuof Court of Supeno, Court of Guam
28 28
Decision Decision & Order
Order Re. People's
People's Motion
Motionto to Revoke
Revoke Defendant's
Defendant's Probation
Probation
v. Garrido,
People v. CF0665-21 Garrido, CF0087-19 & CF0665-21 11 ofof111I
Page ll