FILED ." f .L 5 D CLERK CLERK OF
OF COURT
COURT
1 ZH25 DEC 2D25 DEC - 2-2 PH
PH up 33
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2 SU?3ER§G?\ CGU§T SUPERfOR COURT :\
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3 OFGU,='§?~v7 k
OFGUAM~i
.
4
5 IN THE SUPERIOR COURT COURT OF
OF GUAM
GUAM
6 ) CRIMINAL CASE NO. no. CF0056-19 7 7 PEOPLE OF GUAM, GUAM, )) GPD Report No.
No. 19-02889
19-02889
))
8 vs. )
) DECISION & ORDER 9 )) RE. PEOPLE'S PEOPLE'S MOTION TO REVOKE 10 10 VINCENT PETER VINCENT PETER PEREZ, )) DEFENDANT'S DEFENDANT'S PROBATION AND DOB: DOB:12/20/1991 12/20/1991 ) IMPOSE IMPOSE JAIL SENTENCE
11 11 )
Defendant. Defendant.
))
12 12 ________________ )) 13
This matter came
came before
before the
the Honorable
Honorable Alberto
Alberto E. Tolentino
Tolentino on
on September
September 4, 2025,
2025, for
14
15 a Revocation Revocation Hearing. Defendant Defendant Vincent Peter Perez ("Defendant")
("Defendant")was
was present
present with
with counsel
counsel
15
16 16 Public Defender Defender Adam
Adam Gunkel.
Gunkel. Assistant Attorney General General Samuel
Samuel Alexander was present for
17 17 the the People of ofGuam
Guam ("People").
("People").During
Duringthe
thehearing,
hearing,the
thecourt
courtheard
heardthe
theparties'
parties'arguments
arguments
18 regarding the People's regarding the People's Motion Motion to
to Revoke
Revokethe
theDefendant's
Defendant'sProbation
Probationand
and Impose
Impose Jail
Jail Sentence.
Sentence.
19 19 Following Followingthe thehearing,
hearing, the
the court
courttook
tookthe
thematter
matterunder
under advisement
advisement pursuant
pursuant to Supreme
Supreme Court
20
21 of of Guam AdministrativeRule Guam Administrative Rule 06-001, 06-001,CVR
CVR77.l(e)(6)(A)
.1(e)( 6)(A) and
and CR 1.1
1.1 of
of the
the Local Rules
Rules of
of the
the
22 Superior Court of Guam.
Guam. Having duly
duly considered
considered the
the parties' briefings,
briefings,oral
oralarguments,
arguments, and
and the
23 23 applicable law, the applicable law, the court courtnow
nowissues
issuesthis
thisDecision and
Decisionand Order
Order GRANTING the
GRANTING the People's
People's Motion
Motion
24 24 to Revoke Revoke the the Defendant's
Defendant's Probation
Probationand
and Impose
Impose Jail
Jail Sentence.
Sentence.
25
\\ 26 27 27 \\
28 \\ \\
Decision Decision &
& Order
Order Re.
Re. People's
People'sMotion
MotiontotoRevoke
RevokeProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
People People v. Perez, CF0056-19 CF0056-l9
Page 1I of9
of
BACKGROUND
1
2 Based on events that occurred on or about January 30, 2019, the Defendant was charged
33 via via Ind ic e nt w Indictment with t he
the fofollowing
llo w ing o ffe ns e
offenses: POSSESSION
S S E S S I O N OF
O F A SSCHEDULE
CHE L E III
4 CONTROLLED SUBSTANCE (As CONTROLLED SUBSTANCE (As a 3rd 3rd Degree
Degree Felony);
Felony); RECKLESS
RECKLESS CONDUCT
CONDUCT (As
(As aa
5 Misdemeanor); and Misdemeanor), and UNAUTHORIZED UNAUTHORIZED USE OF A MOTOR VEHICLE VEHICLE (As
(As aa Misdemeanor).
Misdemeanor).
66 7 See Indictment (Feb.
See Indictment (Feb. 8, 2019).
2019).
7
8 the Defendant's Upon the Defendant's oral oral motion
motion for
for release,
release, the
the court
court released
released the Defendant
Defendant on
99 conditions while the conditions while the matter matter was pending
pending disposition. See Criminal disposition. See Trial Setting Criminal Trial Setting Mins.
Mins. at
at
10 10 10:17:42 -.- 23:02AM 10:17:42 23:02AM (Feb.
(Feb. 20,
20, 2019).
2019). On
On July court accepted the Defendant's July 25, 2019, the court
111
guilty plea to POSSESSION POSSESSION OF
OF A SCHEDULE II CONTROLLED CONTROLLED SUBSTANCE
SUBSTANCE (As a 3rd
3rd
12 12
13 13 Degree Felony) and UNAUTHORIZED USE OF A MOTOR MOTOR VEHICLE
VEHICLE (As
(As aa Misdemeanor).
Misdemeanor).
14 14 See Judgment (Aug.
See Judgment (Aug. 13, 13, 2019).
2019). Following 'the court's Following the coult's acceptance acceptance of
of his
his guilty
guilty plea,
plea, the
the
15 15 Defendant was placed on on five
Ive (5)
(5) years of
of probation.
16 16 During During his term
term of
of probation,
probation, the
the Defendant
Defendant received
received seven (7)
(7) violations
violations from the
17 17 18 Probation Service Service Division ("Probation").
("Probation"). For the first violation, the report indicated that the 18
19 19 Defendant failed to report to Probation Probation as ordered since his release on July 25, ordered since 25, 2019.
2019. See 1st
1st
20 20 Violation Report (Sep. 23, 2019).
(Sep. 23, 2019). On
On the day Probation filed this violation, the Defendant also 21 failed to appear for his court hearing, which led the court to issue a bench warrant for his arrest.
22 See Bench Warrant Warrant (Sep.
(Sep. 24, 2019). After the warrant's return return on
on October
October 9,
9, 2019,
2019, the court
court
23 23
released him at a Progress Hearing. See Progress Hr'g Mins. at at 10:52: lAM (NOV.
10:52:14AM (Nov. 6,
6, 2019).
24 24
25 For the Defendant's second violation, Probation noted the the Defendant's:
Defendant's:
26 26 1. Failure
Failure to
to obey
obey all
all the
the laws
laws of
of Guam.
Guam. OnOn October
October ll,
11,2019,
2019, aamagistrate
magistrate
27 27 complaint was tiled
filed against
against the Probationer
Probationer for the charges of of Second Degree
Robbery Robbery (As a Second
Second Degree
Degree Felony)
Felony) with
with Special
Special Allegations:
Allegations: Possession
Possession
28 or Use of a Deadly Weapon in the Commission of of a Felony and and Third Degree
Decision Decision &
& Order
Order Re.
Re. People's
People'sMotion
MotiontotoRevoke
RevokeProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
People v.
v. Perez, CF0056-19
CF0056-19
Page 2 of9
of 9
Robbery (As
(As aa Third
Third Degree
Degree Felony)
Felony) with
with Special
Special Allegations:
Allegations: Possession
Possession or
1 Use of
ofaa Deadly
Deadly Weapon
Weapon in
in the
the Commission
Commission ofofaa Felony
Felony in
in CF0547-19.
CF0547-19.
2 Report (Sep.
2nd Violation Report (Sep. 8,8, 2020).
2020). For
Forthe
thethird
thirdviolation,
violation, the
thereport
report indicated
indicated that
that the
the
3
4 Defendant violated violated the following
following conditions
conditions::
4
5 1.
1. Failure to complete treatment with Lighthouse treatment with Lighthouse Recovery Recovery Center.
2. Failure to complete
complete 24
24 self-help
self-help meetings
meetings.
6 3. Failure to make make monthly payment to fine and and court cost of
of$5,080.00.
$5,080.00.
7 4. Failure to perform
perform and
and complete 150 hoursof 150 hours of community
community service.
service.
8 8 3rd Violation Report Report (July
(July 27,
27, 2022).
2022). The
The court
court issued
issued aa Summons
Summons for
for the
the Defendant's
Defendant's
9 9 appearance appearance atatan anupcoming
upcomingViolation
Violation Hearing.
Hearing. See
See Summons
Summons(Aug.
(Aug. 22,
22, 2022).
2022). Shortly after,
after,
10 10 Probation filed filed aa fourth
fourth violation
violation against
against the
the Defendant
Defendant after he admitted to to consuming illegal
consuming illegal
11 11
controlled substances. controlled substances. See See 4th
4thViolation
Violation Report (Sep.
(Sep. 2,
2, 2022).
2022). Despite
Despitethe
the court
court addressing
addressing this
this
12 12
13 13 Probation filed
violation, Probation filed a fifth violation violation for
for the
the Defendant'5
Defendant's failure to report once a week in
14 14 person. See 5th person. See 5thViolation Violation Report (Oct. 12, 2022). In response 12, 2022). responseto
tothe
theDefendant's
Defendant'sfifth
fifth violation,
violation,
15 15 the court subsequently benchwarrant.
subsequently issued a bench warrant.See SeeBench
BenchWarrant
Warrant(Nov.
(Nov. 21,
21, 2022)
2022).
16 After this After this warrant's
warrant's return
return on
on June
June 16,
16, 2023, the court committed the Defendant to the 2023, the
17
18 Department of Corrections Department of Corrections ("DOC")
("DOC") with
withan
anauto-release
auto-release date
date of
ofJuly
July 6,
6, 2023.
2023. See
See Return
Return of
18
19 19 Warrant Hr'g Warrant Hr'g Mims. at 4:03:17PM Mins. at 4:03:l7PM (June
(June 20,
20,2023).
2023).The
The People
People filed
filed its
its Motion to Revoke
20 20 Defendant's Probation and Impose Jail Jail Sentence ("Motion to Sentence ("Motion to Revoke")
Revoke")on
onJune
June 21,
21, 2023.
2023. See
See
21 Ppl.'s 's Mot.
Mot. Revoke
Revoke(June
(June 21,
21, 2023).
2023). On July ll, 2023,
July 11, 2023, the
the Defendant
Defendant filed
filed his
his Opposition
Opposition to the
22 Motion to Motion to Revoke. See Def.'s 's Opp'n
Opp'n (July
(July 11,
11, 2023).
23 For the
the Defendant's
Defendant's sixth
sixth violation,
violation, the
the report
report indicated
indicated that
that the
the Defendant failed to
Defendant failed
24
25 25 "obey all the "obey all the laws laws of
ofGuam"
Guam"after
afterthe
the Defendant
Defendant was
was charged
charged with
with Possession of a Schedule II Schedule II
26 26 Controlled Substance (As a 3rd Substance (As 3rdDegree Degree Felony).
Felony). 6th Violation Report (Aug. 10, 10, 2023).
2023). Due to
27 . u .. . . | the the pending pending dlsposltlon disposition of
of the
the Defendant's
Defendant's other
other cnrnlnal
criminal matter,
matter, the
the court
court continued
continued the
the
28
Decision Decision &
& Order
Order Re.
Re. People's
People'sMotion
MotiontotoRevoke
RevokeProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
People v. CF0056-19 v. Perez, CF0056-19 Page 3 of9
of
Defendant's Defendant's Revocation Revocation Hearing
Hearing several times. 1 Probation later filed a seventh violation against several times.1
1
22 the Defendant Defendant for for the following
following reasons
reasons::
3 1. Failure Failuretotoreport
report to
to the
the Probation
Probation Office,
Office, three
three times
times aa week.
week. He
He last
last reported
reported
on 9/16/22.
4 2. Failure to pay in full fine andand cost of of $5080.00.
5 3. Failure to complete 24 self-help meetings 4. Failure to report back to Guam Behavioral Health & Wellness report back Wellness Center.
Center. The
6 Defendant initially completed treatment with Lighthouse Recovery Center on 7 10/21/21 but was instructed to report back for treatment for testing positive on 8/29/22, after completing.
8 ***It is noteworthy
noteworthy to mention
mention that
that the
the Defendant
Defendant was
was released
released from the
the
9 Department of
of Correction[n]s in CF0409-22, Correctio[n]s in CF0409-22, onon April April 7, 2025.
10 7th Violation Report (Apr.
Violation Report (Apr. 22, 22, 2025).
2025). Because
Because the
the Defendant
Defendant failed
failed to
to appear
appear for
for aa Progress
Progress
11 Hearing, the Hearing, the court court issued
issued another
another bench
bench warrant
warrant against him.See
againsthim. See Progress Progress Hr'g
Hr'g Mins. at
Mins. at
12 12
13 13 3:02:20PM (Apr.
(Apr. 23,
23, 2025).
2025).
14 14 After addressing the warrant's addressing the warrant's return return on August 7, 2025, 2025, the
the court
court committed
committed the
the
15 15 Defendant to DOC and and scheduled
scheduled another
another Revocation Hearing. See Revocation Hearing. See Return Return of Warrant
Warrant Hr'g
16 16 Mims. at 3:55:57PM Mins. at 3:55:57PM (Aug.
(Aug. 7,
7, 2025).
2025). At
At the
the Revocation
Revocation Hearing,
Hearing, the court addressed the Motion 17 18 to Revoke and the the People's
People's Opposition.
Opposition. See
See Revocation
Revocation Hr'g Mins.
Mins. at
at 2:15:45PM
2:15:45PM (Sep.
(Sep. 4,
18
19 19 2025). After hearing the parties' arguments, the court took the matter under advisement.
20 20 DISCUSSION 21 If If the court finds that the Defendant has has "inexcusably failed to comply with a substantial 22 22 requirement imposed as requirement imposed as a condition condition of the order,"
order," it may
may revoke
revoke probation
probation and
and sentence
sentence or
or
23 23 24 resentence theoffender.
resentence the offender.99 GCA GCA §§ 80.66(a)(2).
80.66(a)(2). If
If aa court
court chooses to revoke
chooses to revoke probation, probation, the
the court
court
24
25 25 may sentence may the defendant sentence the to any defendant to any sentence that it sentence that it may
may have
have originally
originally imposed.
imposed. 99 GCA
GCA §§
26 26 80.66(b).
). However, it shall not revoke probation probation for
for aa defendant's
defendant's violation of
of a condition unless
27 27 11 See See Revocation Revocation Hr'g
Hr'g Mims.
Mins. at 2:47:l0PM
2:47:10PM (July
(July 2,
2, 2024),
2024); see
see also Revocation Hr'g
Hr'g Mins.
Mins. at
at 2:17:58PM (Aug. 8,
2:17:58PM (Aug.
28 8 2024), 2024); see also Revocation also Revocation Hr'g Mins. at 2:14:09PM (Oct.
Mins. at 2:14:09PM (Oct. 24, 2024), see also Revocation 2024); see also Revocation Hr'g Mins. at Mins. at
2:07:52PM (Dec. 12, 2024),see 12, 2024); see also Revocation Hr'g Mins. at 2:30:52PM (Mar. 26, Revocation Hr'g Mins. at 2:30:52PM (Mar. 26, 2025).
Decision Decision &
&Order
Order Re.
Re. People's
People's Motion
MotiontotoRevoke
RevokeProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
People People v.
v. Perez,
Perez, CF0056-19 Page of Page 4 of9 the court determines that that revocation
revocation "will
"will best
bestsatisfy
satisfythe
the ends
ends of
ofjustice
justice and
and the
the best interests
interests of
of
1
22 the public"
the public" under under all
all circumstances.
circumstances. 99 GCA
GCA §§ 80.66(a)(2).
80.66(a)(2).
3 of Guam held The Supreme Court of held that that "probation
"probation is
is aa favor
favor granted
granted by the state,
state, not a
4 which aa cr1m1na1
right to which criminal defendant entltled." People v. Camacho, defendant isis entitled." ,i 26 Camacho, 2009 Guam 6 1] 26 (quoting (quoting
5 Parker v. Parker v. State, State, 676
676 N.E.2d
N.E.2d 1083,
1083, 1085
1085 (Ind.
(Ind. Ct.
Ct. App.
App. 1997)).
1997)). To
To revoke
revoke aadefendant's
defendant's
6 7 7 probation, the probation, court must the court must make
make two
twodeterminations.
determinations. First,
First, the court
court must
must "make
"make aa factual
factual
88 determination that a violation determination that violation of aa condition condition of
ofprobation
probation has
has actually
actually occurred."
occurred." Camacho,
Camacho,
99 ,i 27 2009 Guam 66 1] 27 (quoting Parker, Parker, 676 N.E.2d 1083
1083 at 1085). If the violation is proven, then 10 10 . .
the court must must"determine
"determine if
if the
the violation
violation warrants
warrantsrevocation
revocation of probation." Id.
of probation." Id
11 11 DefendantPerez A. Defendant Perez violated violated the
the conditions
conditions of
of his probation.
12 12
13 13 of probation is The standard for determining whether a probationer violated a condition of
14 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
15 15 probationer's conduct has not been as required by the conditions of of probation." Camacho,
Camacho, 2009
16 16 ,i 30 (quoting
Guam 6 ii People v.
(quoting People v. Angoco, 1998 1998 Guam
Guam 10
10 1] 7). When facing
,i 7). facing revocation, "the 17 17 defendant bears bears the
the burden
burden of showing an excuse for failure failure to
to comply
comply with
with the
the condition."
condition." Id.
Id
18 18
19 19 (quoting State v.
v. Peters,
Peters, 609 A.2d 40, 43
43 (N.J.
(NJ. 1992)).
1992)).
20 20 In this case, the Defendant accumulated seven (7)
(7) violations
violations of
of probationary
probationary conditions.
21 The court can factually factually determine that all these violations actually occurred after reviewing the 22 22 court's record record of events.
events. For instance, the court instance, the court issued issued two
two (2)
(2) summons and four (4) bench 23 23 z4 warrants when warrants when the the Defendant was not present at a hearing.
hearing. As
As seen
seen in the
the court's review of
of all
24
25 25 his violations above, the violations above, the Defendant Defendant himself either justified justified his
his violations
violations in
in open court or
26 26 admitted to them through his written declaration.
declaration. Based on the violation reports, reports, the
the Defendant's
Defendant's
27
28 28
Decision Decision &&Order
OrderRe.
Re. People's
People's Motion
MotiontotoRevoke
RevokeProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
People People v.
v. Perez,
Perez, CF0056-19
CF0056-19
Page 5 of9
of
admission, and Probation's admission, and Probation's testimony testimonyatat the
the Revocation
Revocation Hearing,
Hearing, the
the court
court finds that
that the
the
1
2 2 Defendant has has violated
violated multiple conditions of ofhis
his probation on several occasions.
3 DefendantPerez's B. Defendant Perez's violations violations warrant
warrant revocation
revocation of probation.
4 With regard with regard to
to probation
probation revocation,
revocation, the
the Supreme
Supreme Court
Court of
ofthe
the United
United States
States has
has noted
5 that "the State State clearly
clearlyhas
has an
an interest
interest in
in punishment
punishment and deterrence, deterrence, but
but this
this interest
interest can
can often
often be
6 6
7 served fully by alternative means...
alternative means ... [T]he [T]hestate
stateisisnot
notpowerless
powerlesstotoenforce
enforcejudgments
judgments against
against
7
8 8 those those financially unable unable to pay a fine. For For example,
example, the
the sentencing
sentencing court
court could extend the time 9 for making making payments, or reduce payments, or reduce the
the fine,
fine, or direct that the probationer that the probationer perform perform some
some form
form of
10 10 labor or public public service
service in
in lieu
lieu of
of the
the fine."
line." Bearden v.v. Georgia, 461 461 U.S. 660,
660, 671-72 (internal
11 11 citations and quotations quotations omitted).
omitted).
12 12
13 13 As mentioned As mentioned earlier, the the court
court may revoke
revoke probation
probation ififititfinds
findsthat
thatthe
the probationer
probationer has
has
14 14 "inexcusably "inexcusably failed to to comply
comply with
withaasubstantial
substantial requirement imposed as requirement imposed as aa condition condition of
of the
the
15 15 order." order." 99 GCA GCA §§80.66(a)(2).
80.66(a)(2).InInother
otherwords,
words,aaprobationer's
probationer's violation
violationwarrants
warrants revocation
revocation when
when
16 16 the violation violation upsets upsets the intent of the probationary probationary conditions.
conditions. InCamacho,
Camacho, the Supreme Court of Supreme Court of
17
Guam held that thatthe
theprobationer's
probationer's failure to report for for drug
drug testing
testing was
was serious
serious enough
enough to warrant
warrant
18 18
19 19 revocation when considering the condition being violated violated was
was treatment.
treatment. Camacho,
Camacho, 2009 Guam
20 20 ,r 32.
6 1] 32. Despite Despite not
not paying
paying the as required the fine as required under under probation, the Supreme probation, the Court of Guam Supreme Court Guam
21 reasoned thatfailure reasoned that failureto to pay
pay a fine alone
alone was
was not as serious
not as serious as
as not
not reporting
reporting for
for drug
drug tests,
tests,
22 because the defendant because the defendantwas wasconvicted
convicted of
of dnlg-related
drug-related offenses
offenses and
and had
had drug
drug testing
testing listed as aa
23 24 condition condition of ofprobation
probation to
to ensure
ensure the defendant
defendant remained
remained sober.
sober.Id.
Id
24
25 25 At the time At the filed the the People filed
time the the Motion Motion to
to Revoke,
Revoke,ititargued
argued that
that his
his little
little compliance
compliance
26 26 over over the past three three (3)
(3) years on probation show show that
thathe
he"is
"is not
not availing
availing himself of
of the
the supportive
27 27 services designedto services designed to protect protect society
society and
and the
the defendant himself from the defendant himself the defendant's defendant's future
future
28
Decision Decision &
& Order
Order Re.
Re. People's
People's Motion
MotiontotoRevoke
RevokeProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
People People v.
v. Perez,
Perez, CF0056-19
I
Page Page 6 of
of9
Ppl. 's Mot.
criminality." PaL's Mot.Revoke Revokeatat6.6.InInthe
theOpposition,
Opposition,the
the Defendant
Defendant argued
argued how revocation
1
2 2 was a "radical penalty" when when there was still sufficient sufficient time
time for
for the
the Defendant
Defendant to complete
complete the
3 rest of his conditions.
conditions. Def.'s Opp'n at 2.
Def.'s Opp'n
4 Rather than Rather than revoke probation, the revoke his probation, the Defendant Defendant asked
asked for more opportunity for one more opportunity to 5 in-patient treatment.
engage in in-patient SeeRevocation treatment.See RevocationHr'g at 2:18:30 Hr'g Mins. at 2:18:30 -- 18:45PM.
18:45PM. When
When asked
asked
6
7 for any any valid valid excuse
excuse for
for not
not completing
completing his
his probationary conditionsafter probationary conditions afterfive five (5) years,
years, the
the
8 Defendant acknowledgedthat Defendant acknowledged thatititwas wasdue
dueto
to his
his heavy
heavy drug use, which
drug use, which is why he he needs
needs
9 treatment. Id. at 2:20:18-22:lSPM. treatment. Id. 2:20:18 22: 15PM.
10 10 The substantial
substantial requirement
requirementimposed
imposed as this case as aa condition in this case was the the Defendant's
Defendant's
11 11
completion completion of oftreatment.
treatment. When
When imposing
imposing treatment
treatment as
as a probationary
probationary condition, the purpose of purpose of
12 12
13 13 doing doing so so isis totoachieve
achievesustained
sustained sobriety
sobriety for
for a adefendant.
defendant. However,
However, sobriety
sobriety becomes
becomes
14 14 unattainable withoutthe unattainable without the right right support. Althoughthe support. Although the court court commends the Defendant commends the Defendant for 15 completing residential residential treatment
treatment back in 2021,
2021, he did not remain sober after :erobation Probation noted his
16 16 continuous positive test continuous positive test results results and
and aa new
new possession charge, the possession charge; the most most recent
recent being
being in
in 2023.
2023.
17 17 While the the court
court is
is aware
aware of
ofthe
the difficulties
difficultiesinindealing
dealingwith
withaddiction,
addiction, the
theDefendant
Defendant cannot
cannot
18
19 19 expect to overcome overcome his
his addiction
addiction ififhe
he does
does not
not apply
apply the
the principles
principles of
ofresidential
residential treatment
treatment to
20 maintain sobriety and no no longer need treatment.
treatment.
21 Unless the court determines determines that
thatrevocation
revocation"will
"will best
best satisfy
satisfy the
the ends
ends of
ofjustice
justice and
and the
22 22 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
23
24 violating aa probationary violating condition. 99 GCA probationary condition. GCA §§ 80.66(a)(2).
80.66(a)(2).Notwithstanding Notwithstandinghis
his outstanding
outstanding fines
fines
24
25 and and community service, service, the
the Defendant at least agreed to come agreed to come to
to all court
court hearings.
hearings. And
And based
based
26 on his performance under pre-trial pre-trial release conditions, the Defendant Defendant has previously shown shown that
that
27 he can comply with with terms.
terms. Since the
the court
court accepted
accepted his guilty plea
plea in
in this
this case,
case, the
the Defendant
Defendant
28
Decision &&Order Decision Order Re.
Re. People's
People's Motion
MotiontotoRevoke
RevokeProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
People v. Perez, People v. Perez, CF0056-19 Page 7 of9 Page has shown the court he cannot appear in court or check in without the court issuing a summons 1
22 or arrest warrant to to guarantee
guarantee his
his presence.
presence. Additionally,
Additionally, the Defendant continued to disobey the
3 laws of of Guam in two subsequently issued criminal matters, matters; one involving the possession and use 4 of aa deadly weapon. of 5 The court agrees
agrees with the Defendant that further treatment is needed.
treatment is needed. In Guam, Guam, DOC
6
7 provides provides a Residential Residential Substance Abuse Treatment Substance Abuse Treatment ("RSAT") program for its inmates who are are
7
88 battling addiction. Rather than leave the Defendant Defendant to seek treatment on his own again, the court
99 believes that it- isis in in the
the best
best interests
interests of
of the
the public
public and
and will
will best satisfy
satisfy the ends of justice to 10 10 allow allow DOC's supervision supervision and assistance assistance of the Defendant Defendant on his
his path
path to
to sustained
sustained sobriety
sobriety
11 11 through the RSAT program.
12 12
13 13 Because the Defendant has inexcusably failed to comply with with substantial
substantial conditions
conditions of
of
14 14 his probation, the court probation, the court finds finds that revocation
revocation of
of the
the Defendant's probation will best satisfy the 15 15 ends ends of of justice and
and the
the best
best interests
interests of
of the
the public.
public. Therefore,
Therefore, the court grants grants the People's
16 16 Motion to Revoke the Defendant's Probation and Impose Jail Sentence.
17 17
\\ 18 18
19 19 \\
20 \\ \\ 21 \\ 22 \\ 23
24 24 \ \\
25 \\
26 \\ \\ 27 27 \\ 28
Decision Decision &
& Order
Order Re.
Re. People's
People'sMotion
MotiontotoRevoke
RevokeProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
People v. Perez, CF0056-19 CF0056-19
Page 8 of9
of 9
CONCLUSION
1
2 For the reasons stated above, the Court hereby REVOKES the Defendant's Defendant's probation in
3 the above-captioned matter.
the above-captioned matter. The T he Defendant
Defendant isis hereby
hereby SENTENCED serve THREE (3)
SENT ENCED to serve (3)
4 of incarceration
YEARS of incarceration at the Department of of Corrections,
Corrections, Mangilao, and shall receive credit credit
5 already served in this
for time already this matter.
matter. The Court
Court shall issue a Judgment Judgment concurrent
concurrent with this
6
7 Decision and Order revoking the Defendant's Decision Defendant's probation, probation, and imposing the remainder of the and imposing
8 Defendant's three-year Defendant's three-year sentence.
sentence.
9
DEC DEC oO2 2025
2025
10 this SO ORDERED this
----------~
II 11
12 12
113
14
15 15 HONORABLE HONORABLE ALBERTO E. TOLENTINO Superior Court of Guam
Judge, Superior
16 16
17
18 18
19 19
20 20
21
22
23
24 24 SERVICE VIA yeA EMAIL
I acknowledge
acknOl~ledge Wat
tl~"i an
an e!ec1r0nic
electronic
25 of the original copy at original was
was e-mauled
e-marled to:
26 0t\©B<PD§0 0~0k PD~G
27 i2[2,[Elme ~~ Datel - i me: Date
Rei · Rel ·ndlau
28 Deputy §!eH<, &uDM>r Chun of Guam
Decision Decision &
& Order
Order Re.
Re. People's
People' sMotion
MotiontotoRevoke
RevokeProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
People People v.
v. Perez,
Perez , CF0056-19
CF0056-19
Page Page 9 of9
of