People v. John

Opinion

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1 202~ gag APR .-3 -3 pPH 5: 32- 5: 32. 2 2 ft; -egg; Q?Of CL-ERi\ *i;'§'fl.3¥?£"f' COUR·T 3 3 IN THE SUPERIOR COURT OF GUAM 4 :BY: * r , 4\f::•-- 5 PEOPLE OF GUAM, PEOPLE ) ) Criminal Case Criminal Case No. No. CF0031-20 CF0031-20 6 Report Nos.: ) GPD Report 20-01212 I20-01278 Nos.: 20-01212 20-01278 Plaintiff, ) 7 ) v. V. ) DECISION DECISION AND ORDER 8 ) GRANTING GRANTING DEFENDANT'S ) MOTION MOTION FOR FOR RECONSIDERATION 9 RON CHONIONG CHONIONG JOHN, JOHN, ) OF DECISION AND ORDER DOB: DOB: 06/10/2003 06/10/2003 ) REVOKING REVOKING PROBATION 10 ) ) Defendant. 11 11 ) ) 12 12 BAC KGROUND BACKGROUND 13 1

On April 13, 13, 2022, RoomChoniong 2022, Roon ChoniongJohn John("Defendant") ("Defendant")pled pledguilty guiltyto toTheft Theft by by Receiving Receiving 14 14

15 15 Via Complicity Via Complicity (as 2nd Degree (as aa 2nd Degree Felony). See Judgment ofConviction Judgment of Conviction(Apr. (Apr.26, 26,2022). 2022). A

16 16 was entered judgment was enteredand andDefendant Defendantwas placedon wasplaced onfive five(5) (5)years yearsof of supervised supervisedprobation. probation. Id. ld 17 17 The Court subsequently subsequently revoked revoked Defendant's Defendant's probation probation and andsentenced sentencedDefendant Defendantotofive Ive 18 18 (5) years years incarceration. incarceration. See Decision Decision and Granting Revocation and Order Granting Revocation of Probation (Oct. 5, 2023). 19 19

20 The Court revoked Defendant's Defendant's probation probation based on Defendant's new convictions convictions in in CF0361-20 CF0361-20

21 and cF0381-19. Id. and CF0381-19. 22 22 13, 2023, On October 13, 2023, Defendant Defendantfiled filed his his Motion Reconsideration of Decision Motion for Reconsideration Decision and and 23 Order Granting GrantingMotion Motion to to Revoke Revoke Probation Probation("Motion"). ("Motion"). Defendant Defendant claims claims his his convictions convictions in 24 24 CF0361-20 and CF0381-19 CF0361-20 and CF0381-19 do do not not justify justify revoking probation probation because because the criminal conduct conduct in 25 25

26 26 those cases happened happenedbefore before Defendant entered probation. See Motion Motion (Oct. (Oct. 13, 13, 2023). 2023).

27 The People People do do not not oppose oppose Defendant's Defendant's Motion. Motion. See People's Non-Opposition Non-Opposition to 28 28 Defendant's Motion Motion (Oct. (Oct. 19, 19, 2023). 2023). j_ J ibecision and Order Granting Decision and GrantingDefendant's Defendant'sMotion Motion for Reconsideration of Decision Decision and and Order Revoking Probation People v. CF0031-20,People v. Ron Ron Choniong Choniong John John

CONCLUSION l

2 People's Non-Opposition, Due to the People's Non-Opposition, the the Court Court hereby hereby GRANTS Defendant's Motion.

33 The Decision Decision and and Order Revoking Probation Probation filed filed October October5, 5, 2023 2023 and and the the Commitment Commitment Order Order 4 filed October filed October 6, 6, 2023 2023 shall be retracted. retracted. Defendant's Defendant's sentence sentence imposed imposed on on April April 13, 13, 2022 2022 shall shall 5 go back into into effect. 6

7 April oil 3, 8 IT IS SO ORDERED this P 3, 9

II 11 HONORABLE ALBERTO C. HONORABLE ALBERTO c. LAMORENA III Presiding Judge, Superior Superior Court of Guam 12

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