People v. Mendiola

Opinion

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IN THE SUPERIOR

SUPERIOR COURT OF GUAM

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6

6 PEOPLE OF GUAM, Criminal Criminal Case

Case No. CF0245-20

GPD Report No. 20-11619

7 v.

DECISION AND ORDER

8

JUAN FAISAO MENDIOLA DENYING DEFENDANT'S MOTION 9 (aka JOHN F. MENDIOLA), FOR FOR REDCUTION OF SENTENCE DOB: 07/04/1963

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10

Defendant.

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12

12 INTRODUCTION

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13 This matter came before the Honorable Alberto C. Lamorena, III on August 23, 2024 for

14 hearing on Juan Faisao 14 Faisao Mendiola's Mendiola's (aka John F. Mendiola's) ("Defendant's")

("Defendant's") Motion

Motion for

for Reduction

15

15 of

of Sentence

Sentence ("Motion").

("Motion"). Assistant

Assistant Attorney

Attorney General

General Jacob

Jacob Wagner represents the People, and represents the and

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16 Attorney Joshua

Attorney Joshua Walsh represents Defendant. Having represents Defendant. Having duly considered considered the parties'

parties' briefs,

briefs, oral

oral

17

17 arguments, and the

arguments, and the applicable law, the applicable law, the Court Court now

now issues

issues the following

following Decision and Order and

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18 DENIES Defendant's Motion.

19

19 BACKGROUND

20 Defendant was convicted of Manslaughter (as a let Degree Felony), pt Degree Felony), with Special Allegation:

21 Possession

ossession or

or Use

Use of

of a Deadly Weapon in the Commission of a Felony following a jury trial held in 22 this

his Court

Court between

between August

August 25,

25, 2021

2021 and

and September

September 7,

7, 2021. See Judgment

JudgementofofConviction

Conviction(Jan.

(Jan. 26,

23 2022).

022). Sentencing

Sentencingwas

washeld

heldon

onJanuary

January12,

12, 2022

2022 and

and Defendant

Defendant was

was sentenced

sentenced to

to twenty-five

twenty-five (25)

(25)

24 years

ears incarceration

incarceration at

at the

the Department

Department of

ofCorrections

Corrections and

and three

three (3)

(3) years

years of

of supervised parole for the 25 two

wo convictions.

convictions. LQ

Id.

26 On April 18, 2024, 2024, Defendant

Defendant filed

filed his

his Motion

Motion for

for Reduction

Reduction of

of Sentence.

Sentence. Asking the Court

for leniency

27 for leniency in

in its

its sentence,

sentence, Defendant

Defendant cites to his

cites to his age

age (60

(60 years

years old),

old), family

family obligations,

obligations, and

and

28 \

Decision Decision and

and Order Denying Defendant's Defendant's Motion

Motionfor

forReduction

Reduction of

ofSentence

Sentence

CF0245-20,People of

People of Guam v. Juan Faisao Mendiola v. Juan Faisao Mendiola

Page 1 of 3

\ L

1 rehabilitative

ehabilitativeprogress

progress made

made while

while incarcerated

incarcerated as factors

factors for the Court's consideration. See Motion 2 atat 11(Apr.

(Apr. 18,

18, 2024).

3 On July 26,

26, 2024,

2024, the People tiled

filed their Opposition to Defendant's Motion ("Opposition").

("Opposition").

4 The

hePeople

People challenge

challenge Defendant's

Defendant's reasoning,

reasoning, claiming

claiming that

that no

no leniency

leniency should

should be

be extended

extended for such

5 aa violent

violent crime. See Opposition at 2-3 (Jul. 26, 2024).

6 The Court held a hearing on August 23, 2024. After hearing the arguments of of the parties, the

7 Court took the matter under advisement.

advisement.

8 DISCUSSION DISCUSSION

9 I.

1. Relevant Law:

Relevant

10 Defendant's

Defendant's conviction

conviction of

of Manslaughter

Manslaughter (as

(as aa let

pt Degree Felony) can'ies carries aa potential sentence 11 off five

five (5)

(5) to

to twenty

twenty (20)

(20) years incarceration. See 99 G.C.A.

years incarceration. G.C.A. §§ §§ 16.50(b) and 80.30(a).

16.50(b) and 80.30(a). Defendant's Defendant's

12 conviction

conviction of

of Special

Special Allegation: Possession or Allegation: Possession or Use Use of a Deadly Weapon in the Commission Commission of a

13 Felony

elonyconies

carriesaapotential

potentialsentence

sentenceof

often

ten (10)

(10) to

to twenty-five

twenty-five (25)

(25) years incarceration, which shall run 14 "in

"in addition

addition to

to the

the punishment

punishment imposed

imposed for the commission commission of such felony". See 99 G.C.A.

such felony". G.C.A. §§ 15 80.37(a)(1).

80.37(a)(l). InIntotal,

total, Defendant

Defendant faced

faced aa minimum

minimum of

offifteen

fifteen (15)

(15) years and a maximum of of forty-five

16 (45)

(45) years

years incarceration

incarceration for his crimes.

17 "The

"The Court may reduce a sentence... within within one

one hundred

hundred twenty (120)

(120) days after entry of any 18 order

order or

or judgment

judgementofofthe

theSupreme

SupremeCourt

Court of

ofGuam,

Guam, having

having the

the effect

effect of

ofupholding

upholding aa judgment or

conviction." See 88 G.C.A. 19 conviction." G.C.A. §§ 120.46.

120.46.

20 II.

11. Application:

Application:

21 Defendant's Motion for for Reduction of Sentence is untimely, being filed more than 120 days 22 after

afterthe

the Guam

Guam Supreme

Supreme Court's

Court'sJudgment

Judgmentupholding

upholdinghis

hisconviction

convictionfiled

filedon

onNovember

November28,

28,2023

2023..

23 Even if

if the

the Motion

Motion were

were timely,

timely, Defendant

Defendant has provided

provided an insufficient basis to justify a insufficient basis

24 sentence

sentence reduction.

reduction. The

The Defendant

Defendant has

has established

established himself

himself as

as aa serious

serious risk

risk to

to the

the public,

public, being

25 convicted

convicted of

ofaa violent

violent and

and brutal

brutal offense that resulted in the death death of

of another

another individual.

individual. While the

26 Court

Courtapplauds

applauds Defendant

Defendant for

for receiving

receiving treatment

treatment while

while incarcerated,

incarcerated, there

there is much more work to be 27 done

done before

before Defendant

Defendant can be safely released back into released back into society.

society. Although

Although Defendant

Defendant has family

28 members

emberswho

who rely

relyon

onhim,

him, their

theirneeds

needs do

do not

not trump

trump the

the need

need to ensure public safety.

Decision Decisionand

and Order

Order Denying Defendant's Motion Motion for

forReduction

Reduction of

ofSentence

Sentence

CF0245-20,People of Guam v. Juan FaisaoMendiola People of Guam v. Juan Faisao Mendiola Page Page 2 of3

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1 Lastly, the Court already accounted for such mitigating factors in its original sentence.

2 efendant could have been sentenced to forty-five·(45) years incarceration, but was only sentenced

3 o twenty-five (25) years incarceration for his crimes. Defendant has presented no new evidence or

4 easons for why the original sentence should be altered.

5 CONCLUSION

6 For the re~sons stated above, the Court DENIES Defendant's Motion. Defendant's sentence

7 of twenty-five (25) years incarceration at the Department of Corrections and three (3) years of

8 supervised parole remains in effect.

9

.Oct.

10 IT IS SO ORDERED this - - - - - ' - -

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14 HONORABLE ALBERTO C. LAMORENA, III Presiding Judge, Superior Court of Guam

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SERVICE VIA' E•MAIL I adcnawledge that an electronic;

to:

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Decision and Order Denying Defendant's Motion for Reduction of Sentence CF0245-20, People of Guam v. Juan Faisao Mendiola Page 3 of3