.. ma* .SUPERIOR COURT o m u w
1 2023 we 1`7 PW 2: ET 2 CLERKUFCOURT 3 av 4 IN THE SUPERIOR COURT OF GUAM 5
6 PEOPLE OF GUAM, ) ) Criminal Case No. CF0263-19 7 ) GPD Report Nos.: 19-12555 / 19-12557 Plaintiff, ) 8 ) v. ) DECISION AND ORDER 9 ) GRANTING REVOCATION OF ) PROBATION 10 CHRISTIAN BRIAN QUINATA, ) DOB: 12/08/2001 ) 11 ) Defendant. ) 12 ) ) 13 INTRODUCTION 14
This matter came before the Honorable Alberto C. Lamorena, III on June 9, 2023 for a 15
16 Revocation Hearing in the above-captioned matter related to Christian Brian Quinta's
17 ("Defendant's") failure to abide by his probationary terms. Defendant was represented by 18 Alternate Public Defender Peter Santos. The People of Guam were represented by Assistant 19 Attorney General Heather Zora. Having duly considered the Parties' briefs and the applicable 20
21 law, the Court now issues the following Decision and Order Granting Revocation of Probation.
22 BACKGROUND
23 In August, 2020, Defendant pled guilty to two counts of Burglary to a Motor Vehicle (as 24 a 3rd Degree Felony). See Minute Entry (8/19/2020). A judgment was entered imposing the 25 following relevant conditions of probation: 26
27 • LAWS: Defendant shall obey all federal and local laws of Guam.
28 Decision and Order Granting Revocation of Probation CF0263-19, People v. Christian Brian Qui rata
• COUNSELING/TREATMENT : Defendant shall report to Client Services and 1
2 Family Counseling (CSFC) with the Superior Court of Guam for intake and
3 assessment. Defendant shall follow all treatment recommendations including 4 psychological evaluation, psychiatric evaluation, ding and alcohol evaluation, and 5 individual, group, and family counseling. 6
7 • FINE : Defendant shall pay a fine of two hundred dollars ($200.00).
8 • COMMUNITY SERVICE: Defendant shall complete one hundred thirty-two 9 (132) hours of community service under the direction of the Adult Probation 10 Office. 11
12 • COURT ORDERS: Defendant shall comply with any court orders entered against
13 Defendant, including orders of family court or any other local or federal court of
14 competent jurisdiction. 15 • MANDATORY REPORTING: Defendant shall report to the Adult Probation 16 Office once a month in person, or as ordered by the Court or the Probation Office. 17
18 See Judgment of Conviction (Sep. 21, 2020).
19 In September, 2021 Defendant was indicted on new charges of Theft of Property (as a 3rd
20 Degree Felony) and Criminal Trespass (as a Misdemeanor) in CF0468-21. See First Violation 21 Report (Sep. 27, 2021). Defendant is alleged to have broken into another's vehicle and stolen 22 23 several items within. These new criminal allegations substantially mirror the facts that
24 Defendant pled guilty to in the above-captioned case.
25 Another violation report was filed in June, 2022, indicating that Defendant skipped several
26 required counseling sessions at CSFC, had failed to make any progress towards paying off his 27
Page 2 of 5 Decision and Order Granting Revocation of Probation CF0263-19, People v. Christian Brian Qui rata
fine, and had yet to complete a single hour of community service to date. See Second Violation 1
2 Report (Jun. 7, 2022).
3 Defendant followed up this violation report by skipping his next several court hearings, 4 . . . . desplte being summonsed to appear. S e e Mlnute Entry (Jul. 7, 2022), Mlnute Entry (Oct. 6, 2022) . 5 A bench warrant was issued, and Defendant remained on the run for several months thereafter. 6 See Bench Warrant (Oct. 19, 2022). When Defendant eventually was arrested, Probation 7
8 revealed that Defendant had not been reporting to Probation as ordered. See Minute Entry (May
9 2, 2023). 10 On May 3, 2023, the People filed their Motion to Revoke Defendant's Probation and
Impose Jail Sentence ("Motion"). The People base their request on Defendant's repeated failures 12
13 to obey both the laws of Guam and the Court's orders. See Motion (May 3, 2023). Opposing the
14 Motion, Defendant claims he can still comply with his probation conditions if given another
15 chance. See Opposition to Motion (May 17, 2023). 16 The Court held a Revocation Hearing on June 9, 2023. The parties waived oral arguments 17 and stipulated to the Court deciding on the briefs. See Minute Entry (Jun. 9, 2023). The Court 18
19 then took the matter under advisement. Id.
20 DISCUSSION 21 Guam law specifies the procedures that the Cou11 must follow for revocation of probation. 22 The relevant statute, in its entirety, states as follows: 23
[T]he court, if satisfied that the offender has inexcusably failed to comply with a 24 substantial requirement imposed as a condition of the order may revoke the 25 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 26 revocation under all the circumstances then existing will best satisfy the ends of 27 justice and the best interests of the public.
28 9 G.c.A. § 80.66(a)(2) (1980).
Page 3 o f f Decision and Order Granting Revocation of ProbatiOn CF0263-19,People v. Christian Brian Qui rata
The process for revoking an offender's probation has been further explained by the Guam I
2 Supreme Court as follows:
3 Probation revocation is a two-step process. First, the trial court must make a factual determination that a violation of probation actually has occurred. If a violation is 4 proven, then the Court must determine if the violation warrants revocation of the 5 probation.
6 People of Guam v. Camacho, 2009 Guam 6 1] 27 (internal citations omitted). To revoke a 7 . . defendant's probatlon, evidence and facts presented to the Court must be "reasonably necessary 8 to satisfy the judge that the probationer's conduct has not been as required by the conditions of 9 10 probation." Id. at 'll 30 (citing People v. Angoco, 1998 Guam 10).
11 The Court also cannot order revocation unless the offender is provided with written notice
12 of grounds for revocation of probation. 9 G.C.A. § 80.68(a) (1980). At the hearing, the offender 13 shall "have the right to hear and controvert the evidence against him, to offer evidence in his 14 defense and to be represented by counsel." Id. Should the Court revoke an offender's probation, 15 16 "it may impose on the offender any sentence that might have been imposed originally for the
17 crime of which he was convicted." See 9 G.C.A. § 80.66(b). 18 It remains undisputed that Defendant was in violation of his probation conditions and that 19 there was probable cause to support the violations. The Defendant has continually violated his 20
probation by failing to report to the Probation Office, failing to make any progress in paying off 21
22 his fines or completing his community service, failing to attend his required treatment programs,
23 failing to comply with court orders, and failing to comply with the laws of Guam. 24 Having found that Defendant was in violation of his probation requirements, the next 25 question the Court must resolve is whether "revocation under all the circumstances ... will best 26 27 satisfy the ends of justice and the best interests of the public." See 9 G.C.A. § 80.66(a)(2).
Page 4 of 5 Decision and Order Granting Revocation of Probation CF0263-19, People v. Christian Brian Qui rata
Based on a review of the record, it is clear that Defendant has exhausted the trust of the 1
2 Court by continuously violating numerous conditions of his probation. Defendant's alleged
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.. ma* .SUPERIOR COURT o m u w
1 2023 we 1`7 PW 2: ET 2 CLERKUFCOURT 3 av 4 IN THE SUPERIOR COURT OF GUAM 5
6 PEOPLE OF GUAM, ) ) Criminal Case No. CF0263-19 7 ) GPD Report Nos.: 19-12555 / 19-12557 Plaintiff, ) 8 ) v. ) DECISION AND ORDER 9 ) GRANTING REVOCATION OF ) PROBATION 10 CHRISTIAN BRIAN QUINATA, ) DOB: 12/08/2001 ) 11 ) Defendant. ) 12 ) ) 13 INTRODUCTION 14
This matter came before the Honorable Alberto C. Lamorena, III on June 9, 2023 for a 15
16 Revocation Hearing in the above-captioned matter related to Christian Brian Quinta's
17 ("Defendant's") failure to abide by his probationary terms. Defendant was represented by 18 Alternate Public Defender Peter Santos. The People of Guam were represented by Assistant 19 Attorney General Heather Zora. Having duly considered the Parties' briefs and the applicable 20
21 law, the Court now issues the following Decision and Order Granting Revocation of Probation.
22 BACKGROUND
23 In August, 2020, Defendant pled guilty to two counts of Burglary to a Motor Vehicle (as 24 a 3rd Degree Felony). See Minute Entry (8/19/2020). A judgment was entered imposing the 25 following relevant conditions of probation: 26
27 • LAWS: Defendant shall obey all federal and local laws of Guam.
28 Decision and Order Granting Revocation of Probation CF0263-19, People v. Christian Brian Qui rata
• COUNSELING/TREATMENT : Defendant shall report to Client Services and 1
2 Family Counseling (CSFC) with the Superior Court of Guam for intake and
3 assessment. Defendant shall follow all treatment recommendations including 4 psychological evaluation, psychiatric evaluation, ding and alcohol evaluation, and 5 individual, group, and family counseling. 6
7 • FINE : Defendant shall pay a fine of two hundred dollars ($200.00).
8 • COMMUNITY SERVICE: Defendant shall complete one hundred thirty-two 9 (132) hours of community service under the direction of the Adult Probation 10 Office. 11
12 • COURT ORDERS: Defendant shall comply with any court orders entered against
13 Defendant, including orders of family court or any other local or federal court of
14 competent jurisdiction. 15 • MANDATORY REPORTING: Defendant shall report to the Adult Probation 16 Office once a month in person, or as ordered by the Court or the Probation Office. 17
18 See Judgment of Conviction (Sep. 21, 2020).
19 In September, 2021 Defendant was indicted on new charges of Theft of Property (as a 3rd
20 Degree Felony) and Criminal Trespass (as a Misdemeanor) in CF0468-21. See First Violation 21 Report (Sep. 27, 2021). Defendant is alleged to have broken into another's vehicle and stolen 22 23 several items within. These new criminal allegations substantially mirror the facts that
24 Defendant pled guilty to in the above-captioned case.
25 Another violation report was filed in June, 2022, indicating that Defendant skipped several
26 required counseling sessions at CSFC, had failed to make any progress towards paying off his 27
Page 2 of 5 Decision and Order Granting Revocation of Probation CF0263-19, People v. Christian Brian Qui rata
fine, and had yet to complete a single hour of community service to date. See Second Violation 1
2 Report (Jun. 7, 2022).
3 Defendant followed up this violation report by skipping his next several court hearings, 4 . . . . desplte being summonsed to appear. S e e Mlnute Entry (Jul. 7, 2022), Mlnute Entry (Oct. 6, 2022) . 5 A bench warrant was issued, and Defendant remained on the run for several months thereafter. 6 See Bench Warrant (Oct. 19, 2022). When Defendant eventually was arrested, Probation 7
8 revealed that Defendant had not been reporting to Probation as ordered. See Minute Entry (May
9 2, 2023). 10 On May 3, 2023, the People filed their Motion to Revoke Defendant's Probation and
Impose Jail Sentence ("Motion"). The People base their request on Defendant's repeated failures 12
13 to obey both the laws of Guam and the Court's orders. See Motion (May 3, 2023). Opposing the
14 Motion, Defendant claims he can still comply with his probation conditions if given another
15 chance. See Opposition to Motion (May 17, 2023). 16 The Court held a Revocation Hearing on June 9, 2023. The parties waived oral arguments 17 and stipulated to the Court deciding on the briefs. See Minute Entry (Jun. 9, 2023). The Court 18
19 then took the matter under advisement. Id.
20 DISCUSSION 21 Guam law specifies the procedures that the Cou11 must follow for revocation of probation. 22 The relevant statute, in its entirety, states as follows: 23
[T]he court, if satisfied that the offender has inexcusably failed to comply with a 24 substantial requirement imposed as a condition of the order may revoke the 25 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 26 revocation under all the circumstances then existing will best satisfy the ends of 27 justice and the best interests of the public.
28 9 G.c.A. § 80.66(a)(2) (1980).
Page 3 o f f Decision and Order Granting Revocation of ProbatiOn CF0263-19,People v. Christian Brian Qui rata
The process for revoking an offender's probation has been further explained by the Guam I
2 Supreme Court as follows:
3 Probation revocation is a two-step process. First, the trial court must make a factual determination that a violation of probation actually has occurred. If a violation is 4 proven, then the Court must determine if the violation warrants revocation of the 5 probation.
6 People of Guam v. Camacho, 2009 Guam 6 1] 27 (internal citations omitted). To revoke a 7 . . defendant's probatlon, evidence and facts presented to the Court must be "reasonably necessary 8 to satisfy the judge that the probationer's conduct has not been as required by the conditions of 9 10 probation." Id. at 'll 30 (citing People v. Angoco, 1998 Guam 10).
11 The Court also cannot order revocation unless the offender is provided with written notice
12 of grounds for revocation of probation. 9 G.C.A. § 80.68(a) (1980). At the hearing, the offender 13 shall "have the right to hear and controvert the evidence against him, to offer evidence in his 14 defense and to be represented by counsel." Id. Should the Court revoke an offender's probation, 15 16 "it may impose on the offender any sentence that might have been imposed originally for the
17 crime of which he was convicted." See 9 G.C.A. § 80.66(b). 18 It remains undisputed that Defendant was in violation of his probation conditions and that 19 there was probable cause to support the violations. The Defendant has continually violated his 20
probation by failing to report to the Probation Office, failing to make any progress in paying off 21
22 his fines or completing his community service, failing to attend his required treatment programs,
23 failing to comply with court orders, and failing to comply with the laws of Guam. 24 Having found that Defendant was in violation of his probation requirements, the next 25 question the Court must resolve is whether "revocation under all the circumstances ... will best 26 27 satisfy the ends of justice and the best interests of the public." See 9 G.C.A. § 80.66(a)(2).
Page 4 of 5 Decision and Order Granting Revocation of Probation CF0263-19, People v. Christian Brian Qui rata
Based on a review of the record, it is clear that Defendant has exhausted the trust of the 1
2 Court by continuously violating numerous conditions of his probation. Defendant's alleged
3 criminal conduct in CF0468-21 substantially mirrors what he pled guilty to in the above-captioned
4 matter, suggesting that Defendant has not changed his behavior at all since entering probation. 5 Defendant has shown a continuous disregard towards following his probationary terms, as 6 7 evidenced by the several violation reports he accumulated over a multi-year period.
8 Were probation continued, it appears unlikely that any significant progress would be made
9 in positively altering Defendant's behavior and ensuring compliance with the Court's orders. 10 Therefore, the court finds that revocation is in the public's best interest and satisfies the ends of
j ust i ce. See 9 G CA 8 0 . 6 6 ( a ) ( 2 ) . 12
13 CONCLUSION
14 For the reasons stated above, the Court hereby REVOKES the Defendant's probation in
15 the above-captioned matter. The Defendant is hereby SENTENCED to three (3) years 16 incarceration at the Department of Corrections, Mangilao with credit for time served. After the 17 completion of the Defendant's sentence the Court shall close the above-captioned case. 18
20 IT IS SO ORDERED on this August 17, 2023
24 HONORABLE ALBERTO c. LAMORENA III Presiding Judge, Superior Court of Guam 25
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