People v. John

Opinion

lLE 3UPER{GR 'COURT =OFGUAM 1 2523 UST ~5 pr 15 2 CLEgg;=( UF count 3

4 IN THE SUPERIOR COURT oF Gu'Aivi""" 5

6 PEOPLE OF GUAM, ) ) Criminal Case No. CF0031-20 7 ) GPD Report Nos.: 20-01212 I20-01278 Plaintiff, ) 8 ) v. ) DECISION AND ORDER 9 ) GRANTING ) REVOCATION OF PROBATION 10 RON CHONIONG JOHN, ) DOB: 06/10/2003 ) ) Defendant. ) 12 ) ) 13 INTRODUCTION 14

This matter came before the Honorable Alberto C. Lamorena, III on September 21 , 2023 15

16 for a Revocation Hearing in the above-captioned matter related to Ron Choniong John's

17 ("Defendant's") failure to abide by his probationary terms. Defendant was represented by 18 Attorney Terrence Timblin. The People of Guam were represented by Assistant Attorney General 19 Heather Zora. Having duly considered the Parties' briefs, oral arguments, and the applicable law, 20

21 the Court now issues the following Decision and Order Granting Revocation of Probation.

22 BACKGROUND

23 On April 13, 2022, Defendant pled guilty to Theft by Receiving Via Complicity (as a 2"d 24 1

Degree Felony). See Judgment of Conviction (Apr. 26, 2022). A judgment was entered imposing 25

the following relevant conditions of probation: 26

27 • LAWS: Defendant shall obey all federal and local laws of Guam.

28 Id. 5 Decision and Order Granting Revocation of Probation CF0031-20, People v. Ron Choniong John

On February 8, 2023, Defendant pled guilty to Conspiracy to Commit Third Degree I

2 Robbery (as a 3rd Degree Felony) in CF036l-20 and Burglary (as a 2nd Degree Felony) in CF0381 -

3 19. See CF0361-20 & CF0381-19 Judgment of Conviction (May 16, 2023). Defendant was

4 subsequently sentenced to three (3) years incarceration, with credit for time served. 5 On July 12, 2023, the People filed their Motion to Revoke Probation and Impose Jail 6

Sentence ("Motion"). The People base their request on Defendant's multiple failures to obey the 7

8 laws of Guam. See Motion (Jul. 12, 2023). Opposing the Motion, Defendant claims he hasn't

9 violated his probation conditions because these convictions stem from events that occurred before

10 he entered probation. See Opposition (Jul. 17, 2023). 11 On September 21, 2023, the Court held a Revocation Hearing and subsequently took the 12

13 matter under advisement. See Minute Entry (Sep. 21, 2023).

14 DISCUSSION 15 Guam law specifies the procedures that the Court must follow for revocation of probation. 16 The relevant statute, in its entirety, states as follows: 17 [T]he court, if satisfied that the offender has inexcusably failed to comply with a 18 substantial requirement imposed as a condition of the order may revoke the 19 suspension or probation and sentence or re-sentence the offender. Violation of a condition shall not result in revocation, however, unless the court determines that 20 revocation under all the circumstances then existing will best satisfy the ends of justice and the best interests of the public. 21

22 See 9 G.c.A. § 80.66(a)(2) (1980). 23 The process for revoking an offender's probation has been further explained by the Guam 24 Supreme Court as follows: 25 Probation revocation is a two-step process. First, the trial court must make a factual 26 determination that a violation of probation actually has occurred. If a violation is 27 proven, then the Court must determine if the violation warrants revocation of the probation. 28

Page 2 of 4 Decision and Order Granting Revocation of Probation CF0031-20,People v. Ron Choniong John

See People of Guam v. Camacho, 2009 Guam 6 1] 27 (internal citations omitted). To revoke a 1

2 defendant's probation, evidence and facts presented to the Court must be "reasonably necessary

3 to satisfy the judge that the probationer's conduct has not been as required by the conditions of 4 . probation." at 1130 (citing People v. Angoco, 1998 Guam 10). 5 The Court also cannot order revocation unless the offender is provided with written notice 6

7 of grounds for revocation of probation. See 9 G.C.A. § 80.68(a) (1980). At the hearing, the

8 offender shall "have the right to hear and controvert the evidence against him, to offer evidence

9 in his defense and to be represented by counsel." Should the Court revoke an offender's 10 probation, "it may impose on the offender any sentence that might have been imposed originally 11 for the crime of which he was convicted." See 9 G.C.A. § 80.66(b). 12

13 It remains undisputed that Defendant violated his probation conditions and that there was

14 probable cause to support the violations. Defendant was convicted of multiple felonies while on 15 probation, including Conspiracy to Commit Third Degree Robbery (as a 3rd Degree Felony) and 16 Burglary (as a 2nd Degree Felony). See CF0361-20 & CF0381-19 Judgment of Conviction (May 17

16, 2023). This directly conflicts with Defendant's probationary conditions that he obey all 18

19 federal and local laws of Guam. Now incarcerated for the next several years, it is unlikely that

20 Defendant will timely complete his remaining probationary conditions, such as paying off his 21 fine/court costs or completing community service hours. 22 Having found that Defendant was in violation of his probation requirements, the next 23

24 question the Court must resolve is whether "revocation under all the circumstances ... will best

25 satisfy the ends of justice and the best interests of the public." See 9 G.C.A. § 80.66(a)(2).

26 Based on a review of the record, it is clear that Defendant has exhausted the trust of the 27 . . . . uc . . Court by vlolatlng his probatlonary condltlons. Defendant has shown a continuous and ongoing 28

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Decision and Order Granting Revocation of Probation CF0031-20,People v. Ron Choniong John

disregard towards following his probationary conditions, having been convicted of multiple l

2 felonies across multiple criminal cases.

3 Were probation continued, it appears unlikely that any significant progress would be made

4 in positively altering Defendant's behavior and ensuring compliance with the Court's orders. 5 Therefore, the Court finds that revocation is in the public's best interest and satisfies the ends of 6 7 justice. See 9 GCA 80.66(a)(2).

8 CONCLUSION

9 For the reasons stated above, the Court hereby REVOKES the Defendant's probation in 10 the above-captioned matter. The Defendant is hereby SENTENCED to five (5) years

incarceration at the Department of Corrections, Mangilao with credit for time served. This 12

13 period of incarceration shall run consecutive to Defendant's incarceration in CF0361-20 and

14 CF0381-19, as well as any other period of incarceration Defendant may serve. After the

15 completion of the Defendant's sentence the Court shall close the above-captioned case. 16

17 IT IS SO ORDERED this Octob er 5 z 2 0 18

20 HONORABLE ALBERTO c. LAMORENA III 21 Presiding Judge, Superior Court of Guam 22

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