6 PEOPLE OF GUAM, GUAM, 7 Plaintiff, Criminal Case Criminal Case No. No. CF0320- CF0320-15 Report No.: 15-14342 GPD Report 15-14342 8 vs. 9 DECISION AND ORDER 10 10 JOHN VINCENT LUJAN MENDIOLA, (Revocation of (Revocation of Probation) Probation) DOB: 04/10/1980 11 Defendant. 12 12
13 13 INTRODUCTION
14 14 This matter came came before before the the Honorable Honorable Alberto Alberto E. Tolentino Tolentino on on October October 23, 23, 2023, 2023, for aa 15 15 Revocation Hearing. Hearing. Alternate AlternatePublic PublicDefender DefenderPeter PeterSantos Santosappeared appeared for for John John Vincent Lujan Lujan 16 16 Mendiola ("Defendant"). ("Defendant"). Assistant AssistantAttorney AttorneyGeneral General Kristine Kristine Borja Borja appeared appeared for the the People People of 17 17 Guam ("People"). Having Guam ("People"). Havingconsidered consideredthe theparties' parties'briefs, briefs,oral oralarguments, arguments, and and the the applicable applicable law, 18 18
19 19 the the Court Court now issues issues the the following following order order GRANTING the the People's People's request request to revoke revoke .
20 Defendant's Defendant's probation. probation. 21 BACKGROUND 22 On June 04,2015, June 04, 2015,Defendant Defendantwas wasindicted indictedin inCF0320-l CF0320-15 forPossession 5 for Possessionof of a Schedule Schedule II II 23 Controlled Substance (As aa 3rd Substance (As 3rdDegree DegreeFelony), Felony), Violation Violation of of Court Court Order (As (As aa Misdemeanor), 24 and Criminal Criminal Trespass Trespass (As (As a Misdemeanor). Indictment, Indictment,June June 4, 4, 2015. 25
26 On March 16, 16, 2016, Defendant pied 2016, Defendant pled guilty guilty to to Possession Possession of of a Schedule Schedule II Controlled Controlled
27 Substance (As a 3rd Substance (As 3rd Degree Degree Felony). Felony). Deferred Plea Agreement, March 16, 2016. Defendant's 16, 2016. Defendant's 28 Page 1 l of of 9 1 1 guilty plea plea was was accepted accepted and his sentence and his sentence deferred deferred for for two years years pending pending completion of the 2 2 Id at terms of the plea agreement. Id at 4. If IfDefendant Defendant fails fails to to complete complete all all terms terms of ofprobation, probation, the 3 Court may enter Defendant's Defendant's guilty plea plea which which provides provides that that the offense conies carries aa sentence sentence of up 44 5 to three three years of of incarceration incarceration with credit for for time time served served and and an an additional additional three years of three years 5 6 6 probation. Id probation. Id The Theconditions conditions of ofDefendant's Defendant'sprobation probation included: included:
7 • • Defendant shall serve Defendant shall serve one onehundred hundredeighty-two eighty-two(182) (182)hours hoursofofcommunity service.Id. communityservice. Id at at 8 4. 9 • • Defendant shall shall attend attendtwo two recovery recovery support groupmeetings support group meetingsper perweek week for for twelve twelve weeks 10 10 after taking taking of Defendant's Defendant's plea, for for aa total total of of24 24 meetings, meetings, or or as as otherwise otherwise ordered ordered by 11 11
12 12 the Court. Id. at 5.
13 13 • • Defendant shall attend attend and successfully successfully complete any any drug drug and/or and/or alcohol counseling counseling
14 14 program program recommended by Court after recommended by after assessment at Guam assessment at Guam Behavioral Behavioral Health Health and and 15 15 Wellness Center Wellness Center and and diligently diligently report report within seventy-two seventy-two (72) (72) hours hours from from either either 16 16 Defendant's releasefrom Defendant's release from the the Department Department of of Corrections Collections of Defendant's Defendant's guilty plea, plea, 17 17 whichever whichever is later. Id. Id. 18 18
19 19 • • Defendant shall shall report report to to Probation Services three times per week or as as ordered by the
20 Court. Id. Court. Id 21 • • Defendant shall not possess possess or or consume consumeany anyillegal illegal controlled substances. Id. controlled substances. Id at 6. 22 • • Defendant shall shall obey all local and federal federal laws. Id. Id. 23 • • Defendant was required to today pay a fine fine of of$5,000, $5,000, plus court costs. costs.Id. Id. at at 4 24
25 • • Defendant shall not harass, harass,threaten, threaten,physically physicallystrike, strike,or orinjure injureLisa LisaMae MaeAquiningoc Aquiningoc or
26 any other family family or household member. Id. householdmember. Id at at 6. 27
28 Page 2 of9 Page of 1 Subsequently, Adult Subsequently, AdultProbation ProbationServices Services("Probation") ("Probation") filed filed sixteen sixteen violations violations against against the 2 Defendant for probation Defendant probation violations and the the Court issued bench warrant. issued a bench warrant.The The following 3 were filed: violations were filed: 4 1. On 1. OnJune June 10, 10, 2016, 2016, Probation filed aa violation violation against against the Defendant for failure Defendant for failure to call 5
6 three times times aa week week to to the the probation probationofficer officer for for testing testing schedule. schedule. The Defendant failed to
7 call on on May May 11, 11, 13, 13, 16, 16, 18, 18, 20, 20, 23, 25, 27, 23, 25, 27, 30, 30, 2016 2016 and and June 01, 03, June 01, 03, 06, 06,08, 08,2016. 2016. On 8 June 10,2016, June 10, 2016,Defendant Defendantreported reportedtotothe theprobation probationoffice officeand andtested testedpositive positivefor for THC. THC. 9 The Defendant Defendant admitted to ingesting marijuana throughaasigned marijuana through signeddeclaration. declaration. This was 10 10 Defendant's first positive positive since since entering a Deferred Plea. 11 11
12 12 2. On OnJuly July6, 6, 2016, 2016, Probation Probation filed filed aa violation violationagainst against the the Defendant for failure to report to
13 13 probation probation on on June June 27, 29, 2016 and July 01, 05, 2016. 14 14 3. On OnJuly July29, 29, 2016, 2016, Probation Probation filed filed aa violation violation against against the the Defendant Defendant for testing positive 15 15 for THC. THC. This Thiswas wasDefendant's Defendant'ssecond second positive positive since since entering entering a Deferred Plea. 16 16 4. On OnSeptember September 8, 8, 2016, 2016, Probation Probation filed filed aa violation violation against against the Defendant Defendant for failure to 17 17
18 obey all laws laws of ofGaunt, Gaum, noting noting that that Defendant Defendant came came a Magistrate Hearing on on the the charges charges
19 19 of of Family Family Violence Violence(As 3rd Degree (Asaa3rd Degree Felony) Felony)and and Aggravated Aggravated Assault Assault (As 3rd Degree (Asaa3rd
20 Felony) Felony) in inCF0467-16 CF0467-16 on on August August 5, 5, 2016. 2016. 21 5. On OnJanuary January 30, 30, 2017, 2017, Probation Probation filed aa violation violation against against the the Defendant Defendant for for testing testing 22 positive for for THC. THC. This Thiswas wasDefendant's Defendant'sthird third positive positivesince since entering entering a Deferred Plea. 23
25 6. On OnFebruary February 20, 20, 2017, 2017, Probation Probation filed filed aa violation violation against against the the Defendant Defendant for for testing testing
26 positive for for THC. THC. This Thiswas wasDefendant's Defendant'sfourth fourthpositive positivesince since entering entering aa Deferred Plea. 27
28 Page 3 of 9 1 7. On OnMarch March17, 17, 2017, 2017, Probation Probation filed filed aa vio1ation8gainst violation __against the _the Defendant Defendant for failure failure to 2 2 attend the the GBHWC GBHWC treatment treatment program. v
3 8. On OnApril April17, 17,2017, 2017, Probation Probation filed filed aa violation violationagainst against the the Defendant Defendant for failure to obey 4 all laws of Guam, noting that Guam, ndting thatDefendant Defendantwas wascharged charged with with FAMILYVIOLENCE FAMILY VIOLENCE (As (As aa 5
6 Misdemeanor), CRIMINAL MISCHIEF (As Misdemeanor), CRIMINAL (As aa Misdemeanor), andVIOLATION Misdemeanor), and VIOLATION OF A
7 COURT COURTORDER ORDER(As (AsaaMisdemeanor) Misdemeanor)under under CM0227-17. CM0227-17. 8 9. On OnAugust August28, 28, 2018, 2018, Probation Probation filed filed aa violation violation against against the"Defendant the· Defendant for failure failure to 9 report report to to the the Probation Probation Office Officethree three times timesa"week aweekin inperson, person, étndifailed to complete and-failed to complete the the 24 24 10 social support support meetings. 11
12 10. 10. On April 23, 23, 2019, filed a violation 2019, Probation filed violation against against the Defendant Defendant for for testing testing positive
13 for THC. THC. This was This was Defendant's Defendant's fifth positive positive since since entering entering aa Deferred Deferred Plea. Plea.
14 Defendant also failed failed to to attend attend and and submit submit attendance attendance for sober support meetings, with support meetings, 15 19 of 24 meetings left to attend. attend. 16 11. April 23, 11. On April 23, 2019, filed a violation 2019, Probation filed violation against against the Defendant Defendant for for testing testing positive 17
18 for THC. On March March 5, 5, 2019, 2019, Defendant Defendant challenged challenged presumptive presumptive positive results results for
19 THC. On March March 18, 18, 2019, 2019, the Probation Office Office received received confirmed confirmed results results that that the the
20 probationer's urine urine was was positive positive for marijuana. marijuana. This This was was Defendant's Defendant's sixth sixth positive positive and and 21 21 first challenged test since entering entering aa Deferred Deferred Plea. Plea. Defendant Defendant failed failed again again on on March March 15, 15, 22 2019, testing positive 2019, testing positive for for THC with with Defendant Defendant challenging challen_~ing the results. On the __results. On March March 27, 27, 23 2019, the Probation Office 2019, the Office received received confirmed confirmedresults results that that the the probationer's probationer's urine urine was was 24
25 positive positive for formarijuana marijuana with with aa level levelofof6485 6485ng/ml, ng/ml, higher higher than than the previous test on March
28 Page 4 of 9 1 1 5, 2019. 2019. This was was Defendant's Defendant's seventh seventh positive positive and and second second challenged challenged test test since smce I
2 2 entering a Deferred Deferred Plea. 3 12. 12. On May 21, 2019, filed a violation 2019, Probation filed violation against against the Defendant for failure to report report 4 to the the Probation Probation Office three three times times aa week week in in person person after after being being released released from the the 5
6 Department of of Corrections on April April 29, 29, 2019. 2019.
7 13. 13. On June June24, 24,2019, 2019,Probation Probationfiled filed aa violation violation against the Defendant against the Defendant for for failure to report 8 8 to the the Probation Office five Probation Office five times times per per week. week. Defendant Defendantfailed failedtotoattend attend aascheduled scheduled 9 assessment fortreatment assessment for treatmentfollowing followingaapositive positive drug dog test. test. The Court Court ordered ordered that that the the 10 10 probationer be reassessed reassessedfor for treatment treatmentbased basedon onaapositive positivedrug drugtest testin inMarch March2019. 2019. An An 11 11
12 12 assessment was scheduled assessment was scheduled for for June 10, 2019, June 10, 2019, at at 11:00a.m. l 1:00a.m. and andthe theprobationer probationerfailed failed to
13 13 attend the the appointment. appointment. Defendant Defendant also also failed failed to toattend attend and and submit submit attendance attendance for sober
14 14 support meetings, with support meetings, with 19 of of 24 meetings left left to attend. attend. 15 15 14. On August 14. On August 21, 21, 2019, 2019, Probation Probation filed filed a violation against the Defendant against the Defendant for for failure failure to 16 16 report to the the Probation Probation Office Office once once aa week week in in person. 17 17 15. 15. On January January 66% 2022, 2022, Probation Probation tileda aviolation filed violationagainst againstthe theDefendant Defendantfor forfailure failure to to obey 18 18 1
19 19 all laws laws of ofGaunt. Gaum. On OnDecember December31, 31,2021, 2021, aa magistrate magistrate complaint complaint was filed filed against against the
20 Defendant for the Defendant for the charges charges of of Family Family Violence (As 3rd Degree Felony) (As aa 3rd Felony) and and Family Family 21 Violence (As Violence 3 rd Degree (Asaa3rd Degree felony) felony)in inCF0673-21 CF0673-2 l.. 22 16. 16. On July July 12, 12,2023, 2023,Probation Probationfiled filed aaviolation violation against against the theDefendant Defendantfor for failure failure to to obey obey all 23 laws of ofGaunt. Gaum. On OnJuly July 10, 10, 2023, 2023, an an indictment was filed filed against against the Defendant for the 24
25 charge of Possession of aa Schedule Schedule II Controlled Controlled Substance 3 rd Degree (As aa 3rd Substance (As Degree Felony) Felony) in
26 CF0443-23. 27
28 Page 5 of Page of 9 11 Additionally, aa bench bench warrant warrant was issued issued in in this this case. case. On On June June 25, 25, 2019, 2019, aa criminal criminal 2 . . . bench warrant warrant was was issued issuedfor for failure failure to to appear appearbefore beforethe theCourt. Court.The ThePeople People filed filed aa Motion Motion to 3 Revoke Defendant's Revoke Defendant's Probation Probation and and Impose Impose Jail Jail Sentence Sentence on on October October 4, 4, 2023. 2023. The The Court Court then then 4 held a Revocation held Revocation Hearing Hearing on October October 18, 18, 2023, 2023, upon upon the the People's to Revoke People's Motion to 5
6 Defendant's Probation.
8 DISCUSSION 9 Title 9 Title 9 G.C.A. G.C.A. §§ 80.66(a)(2) 80.66(a)(2) provides provides "[a]t "[a]tany anytime timebefore beforethe the discharge discharge of of the the offender offender 10 10 or the termination of the termination of the period period of of suspension orprobation suspension or probation. .... the the court, court, ififsatisfied satisfied that that the the 11 11 12 12 offender has offender has inexcusably failed failed to to comply complywith withaasubstantial substantial requirement requirement imposed imposed as as a condition condition
13 13 of ofthe the order order may may revoke revokethe thesuspension suspension or or probation probation and and sentence sentence or re-sentence the offender. re-sentence the
14 14 Violation of Violation ofaacondition conditionshall shallnot notresult in revocation, result in revocation,however, however,unless unlessthe thecourt court determines determines that that 15 15 revocation revocation under under all the circumstances then existing circumstances then existing will will best best satisfy the the ends ends of of justice justice and and the 16 16 17 interestsof best interests of the the public." Whenaa court public." When court revokes revokes probation, probation, itit is is empowered empowered to to sentence sentence the the 17
18 defendant to any defendant to any sentence that may sentence that may it imposed. 9 it have originally imposed. 9 G.C.A G.C.A §§ 80.66(b). 80.66(b). The 18 19 19 decision to revoke decision to revoke probation probation is discretionary, and there discretionary, and there is is no bright-line rule for when bright-line rule when
20 20 revocation is revocation is appropriate. United States v.v. Gallo, appropriate. United Gallo, 20 F.3d 7, 7, 14-15 14-15 (1st 1994). (let Cir. 1994). 21 The Supreme Supreme Court of Guam Guam has has held "probation is aa favor favor granted granted by by the the state, state, not aa 22 which aa criminal right to which criminal defendant Camacho, 2009 Guam 6 ,r1126. v. Camacho, defendant is entitled." People v. 26. The 23 Supreme Court of Supreme Court of Guam Guam reasoned that while probation reasoned that "implicates a liberty probation "implicates liberty interest," interest," the the 24 25 25 probationer probationer isis not not entitled entitled to the "full panoply to the panoply of ofdue due process process rights rights due due to to other other criminal criminal
26 defendants." defendants." Id. Probationers Probationers facing facing potential potential revocation are entitled revocation are entitledto: to:"(1) "(l) notice notice of of claimed claimed 27
28 Page Page 6 of of99 11 violations, (2) [an] violations; (2) [an] opportunity right to conditioned right the conditioned evidence, (3) the present evidence; and present hear and opportunity to hear 2 confront adverse an independent witnesses, (4) an adverse witnesses; decision maker; independent decision and(5) maker, and report of the (5) a written report 3 hearing." IdProbation hearing." Id process. The two-step process. revocationisisaatwo-step Probationrevocation firststep Thefirst to "make step isis to factual "make aa factual 4 determination thataaviolation determination that ofaacondition violationof ofprobation conditionof hasactually probationhas occurred."IdIdatat27. occurred." actually 27. If If 5 Cr. 6 6 the violation is proven, the the second proven, the step is for the second step Court to "I... the Court determine if the I . determine violation the violation
7 warrants revocationof warrants revocation probation." Id ofprobation." Id 8 A. Defendant Defendantviolated violatedhis his conditions conditions of probation. 9 The standard for determining standard for probationer violated determining whether a probationer his probation violated a condition of his 10 10 is that "the evidence evidence and and the the facts facts be be such such as as reasonably necessary to satisfy the reasonably necessary that the the judge that 11 11 12 12 probationer's conduct has hasnot notbeen beenas asrequired ofprobation. conditionsof theconditions bythe requiredby probation. Id. at~ Id at 30. The 'H30.
13 Court's decision decision to to revoke revoke "must "must be be based based on on credible evidence,but credible evidence, the defendant but the bears the defendant bears
114 c ondi ti on." Id. the condition." wi th the c ompl y with to comply f ai l u re to burden of showing an excuse for failure Id 15 After After reviewing reviewing the the violations violations filed filedby the Revocation Probationatatthe byProbation Hearing, the RevocationHearing, Court the Could 16 17 ha s inexcusably vviolated findss that Defendant has i ol multiple m ult cconditions ond probation on several of his pr of 17
18 occas10ns.| occasions
19 B. Whether WhetherDefendant's Defendant'sviolation Probation warrants ofProbation violation of revocation. warrants revocation.
20 The Supreme Supreme Court probation to probation regard to with regard that with stated that has stated States has United States the United of the Court of 21 revocation, "the "theState Stateclearly aninterest hasan clearlyhas punishment and interestininpunishment deterrence, but and deterrence, this interest but this can interest can 22 often be served fully by alternative means. by alternative [T]hestate means. [T]he notpowerless stateisisnot to enforce powerless to judgments enforce judgments 23 24 i na nc i a l l y unable against those financially pa y a fine. na bl e too pay or eexample, l ne . FFor he ssentencing x a mpl e , t the ou r t could extend e nt e nc i ng ccourt 24 25 the time for for malting making payments, or direct payments, or reduce the fine, or that the direct that probationer perform some the probationer
28 of99 Page 77 of Page 11 form of of labor labor or public public service service in in lieu lieu of of the the fine." Bearden v.v. Georgia, 461 U.S. 660, 671-72 fine." Bearden 2 2 (1983) (internal (internal citations citations and quotations omitted). and quotations omitted). 3 A probationer's probationer's violation violationofofprobation probationwarrants warrants revocation revocation when when the the violation upsets the violationupsets 4 intent of of the probation conditions. See Camacho, 2009 Guam 6 1131. See Camacho, In Camacho, ,i 31. In Camacho, the Supreme the Supreme 5
6 Court of of Guam Guam held held that that aa probationer's probationer's violation violation ofofhis conditions was probation conditions hisprobation serious was serious
7 7 and where the tests and drug tests for drug report for to report failed to revocation where the probationer failed warrant revocation to warrant enough tO enough
8 the defendant failed to defendant failed pay aa fine. to pay fine. Id Id.The Supreme The Court Supreme Courtof of Guam Guamreasoned reasonedthat thatbecause because the 9 defendant was convicted of of drug-related drug-related offenses, offenses, the the purpose purpose of of the the testing probation condition 10 10 was was to ensure ensure the the defendant sober.Id.Id The Supreme remainedsober. defendant remained Supreme Court Court of Guam also Guam also 11 11 12 12 acknowledged acknowledged that failure to pay a fine alone alone was was not not as as serious serious as the drug for drug the failure to report for
13 13 tests. Id. tests. Id
14 14 Defendant Defendant has has failed to to make make substantial substantial progress progress towards towards completing completing his probation his probation 15 15 conditions. conditions. If Defendant Defendant were to to benefit benefit from fromprobation, probation, he would have he would made greater have made progress greater progress 16 16 towards completing his towards completing his treatment. The purpose treatment. The of aa condition purpose of fortreatment condition for sustained treatment isis sustained 17 17 sobriety, sobriety; however, however, sobriety sobriety becomes becomes unattainable unattainable without right support. the right without the Defendant support. Defendant 18 18 19 19 frequently fails fails to to report report to toProbation, Probation,has has failed failednumerous tests, has failed drug tests, numerous drug attend sober to attend failed to
20 support meetings, and support meetings, andhas hascommitted committedseveral several new danger is aa danger he is that he showing that criminal offenses showing new criminal 21 to the community. 22 The theory theory ofoftreatment treatment conditions conditions include: include: aiding rehabilitation and aiding rehabilitation averting and averting 23 24 recidivism. Treatmentprovides recidivism. Treatment providesthe theprospect betterquality prospectofofaa better of life qualityof capability of life and a capability 24 25 sobriety, both of which which would would ease society. However, Defendant's into society. ease Defendant back into absence Defendant's absence
28 Page 8 of 9 11 from reports from reports frustrates frustrates the the purpose purpose of of seeking seeking recovery. Defendant Defendant was was granted granted the the opportunity, 2 2 time, and support supportto to comply comply with with his his conditions. conditions. Yet, Yet, Defendant deliberately deliberately avoids doing so. 3 Although Defendant's Although Defendant's probationary probationary period period has has not not expired, expired, he he has has made made little little progress progress 4 5 on his probation probation conditions conditionsand andcommitted committedseveral severalnew newcriminal criminaloffenses. offenses. Accordingly, in Accordingly, it is in 5 6 6 Defendant's best Defendant's best interest for the Court to to revoke probation.
8 CONCLUSION AND ORDER NCLUSIO N AND 9 For the For the above above reasons, the Court GRANTS the People's reasons, the request to revoke Defendant's People's request Defendant's 10 10 probation. Defendant's probation. Defendant's probation probation is is hereby hereby revoked revoked and and Defendant's Defendant's guilty plea plea will will be be entered entered l11l 12 12 in criminal case CF0320-15 CF0320-15 per the the terms termsof of the the Deferred Deferred Plea Plea Agreement. Agreement.
13 13
14 14
15 15 SO ORDERED, Nunc Pro Tune ORDERED, Narc 23, 2023, this_-_·--_ day October 23, Tunc to October of FEB 2 6 2024 9, 2024. day of FEB 2024.
16 16
17 17 <
18 18 HONORABLE ALBERTO E. TOLENTINO 19 19 Judge, Superior Court of Guam
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