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I 2323 JUL 13 FH ! 07
2 E: LE"i ii 'UF C€5,1URT
5 IN THE SUPERIOR COURT OF GUAM 6
7 PEOPLE OF GUAM, ) Criminal Case No. CF0294-21 ) GPD Report Nos. 21-14416 I21-14418 8 ) Criminal Case No. CF0168-22 Plaintiff, ) GPD Report Nos. 21-19995 / 21-24170 / 9 ) 22-07597 v. ) 10 ) ) 11 BOB JESSY QUINATA ) DECISION AND ORDER (aka BOB JESSY TOPASNA QUINATA) ) GRANTING REVOCATION OF 12 ) PROBATION (aka BOB JESSY T. QUINATA), ) 13 DOB: 05/21/1996 )
14 Defendant.
15 INTRODUCTION 16 This matter came before the Honorable Alberto C. Lamorena, III on May 4, 2023 for a 17 Revocation Hearing in the above-captioned case related to Bob Jessy Quinta's (aka Bob Jessy 18
Topasna Quinta's) (aka Bob Jessy T. Quinta's) ("Defendant's") failure to abide by his 19
20 probationary terms. Defendant was represented by Alternate Public Defender Peter Santos. The
21 People of Guam were represented by Assistant Attorney General Christine Tenorio. Having duly 22 considered the Parties' briefs, arguments, and the applicable law, the Court now issues the 23 following Decision and Order Granting Revocation of Probation. 24
BACKGROUND 25 I
26 On June 3, 2022, Defendant pled guilty to two counts of Possession of a Schedule II
27 Controlled Substance (as a 3rd Degree Felony), and two cotlnts of Family Violence (as a I
I
l
I ,Q
Decision and Order Granting Revocation of Probation CF0294-21 & CF0168-22,People v. Bob Jessy Qui rata
Misdemeanor). See Judgment of Conviction (Jun. 22, 2022). A judgment was entered imposing I
2 the following relevant conditions of probation:
3 MANDATORY TESTING: Defendant shall submit to random alcohol and 4 drug testing under the supervision of the Adult Probation Office. 5 NO DRUGS : Defendant shall not possess or consume any illegal controlled 6 substances or marijuana. 7 MANDATORY REPORTING: Defendant shall report to the Adult Probation 8 Office three (3) times per week in person, or as ordered by the Court or the 9 Probation Office. 10 • LAWS: Defendant shall obey all federal and local laws of Guam. 11 Ld- 12
Defendant almost immediately began violating conditions of his probation. On June 10, 13
14 2022, just one week after pleading guilty, Defendant failed to submit to a random drug test within
15 the allocated time. See 1st Violation Report (Jun. 21, 2022). Defendant provided a urine sample 16 . -1 . .. for drug testing a few days later, and tested posltlve for both methamphetamine and marijuana. 17 Defendant subsequently admitted to using both drugs on June 10, 2022. 18
19 In the following weeks, Defendant also failed to report to the Adult Probation Office as
20 ordered. See 2nd Violation Report (Jun. 29, 2022). Defendant missed scheduled drug tests as a
21 result of his failure to report to the Adult Probation Office. 22 Defendant again tested positive for illegal drugs (specifically methamphetamine) on June 23 17, 2022. See 3rd Violation Report (Jul. 12, 2022). This second positive test came just two weeks 24
25 after Defendant's guilty plea, and one week after his first pos1t1 e test.
26 In September, 2022, Defendant found himself facing new criminal charges as he was 27 indicted on three counts of Second Degree Robbery (as a 2nd Degree Felony), and two counts of 28 I
Theft of Property (as a Misdemeanor). See CF0588-22 Indictment (Sep. 29, 2022). These are I | y Page 2 of 5 r Decision and Order Granting Revocation of Probation CF0294-21 & CF0168-22, People v. Bob Jessy Quinam
very serious criminal charges, and allege that Defendant used multiple deadly weapons while 1
2 committing a crime spree of robberies among several victims.
3 On March 22, 2023, the People tiled their request to revoke Defendant's probation and
4 . . . In Impose sentence. See Motlon for Revocatlon and Irnposltlon of Sentence (Mar. 22, 2023). 5 Defendant filed an opposition stating that he will comply by his probationary terms in the future 6
and that revocation is not appropriate given the circumstances. See Opposition to People's 7
8 Motion for Revocation of Probation (Apr. 12, 2023).
9 The Court held a Revocation Hearing on May 4, 2023. The Court then took the matter
10 under advisement. Se e Minute Entry (May. 4, 2023). 11 DISCUSSION 12
13 Guam law specifies the procedures that the Court must follow for revocation of probation.
14 The relevant statute, in its entirety, states as follows:
15 [T]he court, if satisfied that the offender has inexcusably failed to comply with a 16 substantial requirement imposed as a condition of the order may revoke the suspension or probation and sentence or re-sentence the offender. Violation of a 17 condition shall not result in revocation, however, unless the court determines that revocation under all the circumstances then existing will best satisfy theends of 18 justice and the best interests of the public. 19 9 G.c.A. § 80.66(a)(2) (1980). 20
The process for revoking an offender's probation has been further explained by the Guam 21
22 Supreme Court as follows:
23 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 24 proven, then the Court must determine if the violation warrants revocation of the 25 probation. . I
26 People of Guam v. Camacho, 2009 Guam 6 ii 27 (internal citations omitted). To revoke a i
27 l
defendant's probation, evidence and facts presented to the Court must be "reasonably necessary I I |
28 I)
Page 3 of 5 Decision and Order Granting Revocation of Probation CF0294-21 & CF0168-22, People v. Bob Jessy Qui rata
to satisfy the judge that the probationer's conduct has not been as required by the conditions of 1
2 probation." Id. at 130 (citing People v. Angoco, 1998 Guam 10).
3 The Court also cannot order revocation unless the offender is provided with written notice 4 . . . of grounds for revocatlon of probation. 9 G.C.A. § 80.68(a) (1980). At the hearing, the offender 5 shall "have the right to hear and controvert the evidence against him, to offer evidence in his 6
defense and to be represented by counsel." Id. Should the Court revoke an offender's probation, 7
8 "it may impose on the offender any sentence that might have been imposed originally for the 9 crime of which he was convicted." 9 G.C.A. § 80.66(b). 10 It remains undisputed that Defendant was in violation of his probation conditions and that
there was probable cause to support the violations. The Defendant has continually violated his 12 13 probation by failing to report to the Probation Office, failing to submit to random drug tests,
14 failing to refrain from using illegal drugs and marijuana, and failing to comply with all laws of
15 Guam. 16 Having found that Defendant was in violation of his probation requirements, the next 17 18 question the Court must resolve is whether "revocation under all the circumstances ... will best
19 satisfy the ends of justice and the best interests of the public." 9 G.C.A. § 80.66(a)(2).
20 Based on a review of the record, it is clear that Defendant has exhausted the trust of the 21 Court by continuously violating numerous conditions of his probation. Defendant accumulated 22 several Violation Reports, showing a continuous and ongoing disregard towards following his 23
probationary terms. These violations started almost immediately after Defendant's plea deal, as 24 I
Free access — add to your briefcase to read the full text and ask questions with AI
1" i - [_"\£ 3'L1 ¢ ,}_°":. a;>L81 bra
I 2323 JUL 13 FH ! 07
2 E: LE"i ii 'UF C€5,1URT
5 IN THE SUPERIOR COURT OF GUAM 6
7 PEOPLE OF GUAM, ) Criminal Case No. CF0294-21 ) GPD Report Nos. 21-14416 I21-14418 8 ) Criminal Case No. CF0168-22 Plaintiff, ) GPD Report Nos. 21-19995 / 21-24170 / 9 ) 22-07597 v. ) 10 ) ) 11 BOB JESSY QUINATA ) DECISION AND ORDER (aka BOB JESSY TOPASNA QUINATA) ) GRANTING REVOCATION OF 12 ) PROBATION (aka BOB JESSY T. QUINATA), ) 13 DOB: 05/21/1996 )
14 Defendant.
15 INTRODUCTION 16 This matter came before the Honorable Alberto C. Lamorena, III on May 4, 2023 for a 17 Revocation Hearing in the above-captioned case related to Bob Jessy Quinta's (aka Bob Jessy 18
Topasna Quinta's) (aka Bob Jessy T. Quinta's) ("Defendant's") failure to abide by his 19
20 probationary terms. Defendant was represented by Alternate Public Defender Peter Santos. The
21 People of Guam were represented by Assistant Attorney General Christine Tenorio. Having duly 22 considered the Parties' briefs, arguments, and the applicable law, the Court now issues the 23 following Decision and Order Granting Revocation of Probation. 24
BACKGROUND 25 I
26 On June 3, 2022, Defendant pled guilty to two counts of Possession of a Schedule II
27 Controlled Substance (as a 3rd Degree Felony), and two cotlnts of Family Violence (as a I
I
l
I ,Q
Decision and Order Granting Revocation of Probation CF0294-21 & CF0168-22,People v. Bob Jessy Qui rata
Misdemeanor). See Judgment of Conviction (Jun. 22, 2022). A judgment was entered imposing I
2 the following relevant conditions of probation:
3 MANDATORY TESTING: Defendant shall submit to random alcohol and 4 drug testing under the supervision of the Adult Probation Office. 5 NO DRUGS : Defendant shall not possess or consume any illegal controlled 6 substances or marijuana. 7 MANDATORY REPORTING: Defendant shall report to the Adult Probation 8 Office three (3) times per week in person, or as ordered by the Court or the 9 Probation Office. 10 • LAWS: Defendant shall obey all federal and local laws of Guam. 11 Ld- 12
Defendant almost immediately began violating conditions of his probation. On June 10, 13
14 2022, just one week after pleading guilty, Defendant failed to submit to a random drug test within
15 the allocated time. See 1st Violation Report (Jun. 21, 2022). Defendant provided a urine sample 16 . -1 . .. for drug testing a few days later, and tested posltlve for both methamphetamine and marijuana. 17 Defendant subsequently admitted to using both drugs on June 10, 2022. 18
19 In the following weeks, Defendant also failed to report to the Adult Probation Office as
20 ordered. See 2nd Violation Report (Jun. 29, 2022). Defendant missed scheduled drug tests as a
21 result of his failure to report to the Adult Probation Office. 22 Defendant again tested positive for illegal drugs (specifically methamphetamine) on June 23 17, 2022. See 3rd Violation Report (Jul. 12, 2022). This second positive test came just two weeks 24
25 after Defendant's guilty plea, and one week after his first pos1t1 e test.
26 In September, 2022, Defendant found himself facing new criminal charges as he was 27 indicted on three counts of Second Degree Robbery (as a 2nd Degree Felony), and two counts of 28 I
Theft of Property (as a Misdemeanor). See CF0588-22 Indictment (Sep. 29, 2022). These are I | y Page 2 of 5 r Decision and Order Granting Revocation of Probation CF0294-21 & CF0168-22, People v. Bob Jessy Quinam
very serious criminal charges, and allege that Defendant used multiple deadly weapons while 1
2 committing a crime spree of robberies among several victims.
3 On March 22, 2023, the People tiled their request to revoke Defendant's probation and
4 . . . In Impose sentence. See Motlon for Revocatlon and Irnposltlon of Sentence (Mar. 22, 2023). 5 Defendant filed an opposition stating that he will comply by his probationary terms in the future 6
and that revocation is not appropriate given the circumstances. See Opposition to People's 7
8 Motion for Revocation of Probation (Apr. 12, 2023).
9 The Court held a Revocation Hearing on May 4, 2023. The Court then took the matter
10 under advisement. Se e Minute Entry (May. 4, 2023). 11 DISCUSSION 12
13 Guam law specifies the procedures that the Court must follow for revocation of probation.
14 The relevant statute, in its entirety, states as follows:
15 [T]he court, if satisfied that the offender has inexcusably failed to comply with a 16 substantial requirement imposed as a condition of the order may revoke the suspension or probation and sentence or re-sentence the offender. Violation of a 17 condition shall not result in revocation, however, unless the court determines that revocation under all the circumstances then existing will best satisfy theends of 18 justice and the best interests of the public. 19 9 G.c.A. § 80.66(a)(2) (1980). 20
The process for revoking an offender's probation has been further explained by the Guam 21
22 Supreme Court as follows:
23 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 24 proven, then the Court must determine if the violation warrants revocation of the 25 probation. . I
26 People of Guam v. Camacho, 2009 Guam 6 ii 27 (internal citations omitted). To revoke a i
27 l
defendant's probation, evidence and facts presented to the Court must be "reasonably necessary I I |
28 I)
Page 3 of 5 Decision and Order Granting Revocation of Probation CF0294-21 & CF0168-22, People v. Bob Jessy Qui rata
to satisfy the judge that the probationer's conduct has not been as required by the conditions of 1
2 probation." Id. at 130 (citing People v. Angoco, 1998 Guam 10).
3 The Court also cannot order revocation unless the offender is provided with written notice 4 . . . of grounds for revocatlon of probation. 9 G.C.A. § 80.68(a) (1980). At the hearing, the offender 5 shall "have the right to hear and controvert the evidence against him, to offer evidence in his 6
defense and to be represented by counsel." Id. Should the Court revoke an offender's probation, 7
8 "it may impose on the offender any sentence that might have been imposed originally for the 9 crime of which he was convicted." 9 G.C.A. § 80.66(b). 10 It remains undisputed that Defendant was in violation of his probation conditions and that
there was probable cause to support the violations. The Defendant has continually violated his 12 13 probation by failing to report to the Probation Office, failing to submit to random drug tests,
14 failing to refrain from using illegal drugs and marijuana, and failing to comply with all laws of
15 Guam. 16 Having found that Defendant was in violation of his probation requirements, the next 17 18 question the Court must resolve is whether "revocation under all the circumstances ... will best
19 satisfy the ends of justice and the best interests of the public." 9 G.C.A. § 80.66(a)(2).
20 Based on a review of the record, it is clear that Defendant has exhausted the trust of the 21 Court by continuously violating numerous conditions of his probation. Defendant accumulated 22 several Violation Reports, showing a continuous and ongoing disregard towards following his 23
probationary terms. These violations started almost immediately after Defendant's plea deal, as 24 I
25 Defendant accumulated two positive drug tests in just two weeks after pleading guilty. The 1 26 violations did not stop there, and Defendant now finds himself facing new felony charges in 27
Page 4 off Decision and Order Granting Revocation of Probation CF0294-21 & CF0168-22,People v. Bob Jessy Quinam
CF0588-22 stemming from a crime spree he allegedly committed across August and September 1
2 of2022. 3 Were probation continued, it appears unlikely that any significant progress would be made
4 in positively altering Defendant's behavior and ensuring compliance with the Cour't's orders. 5 Therefore, the court finds that revocation is in the public's best interest and satisfies the ends of 6 7 justice. See 9 GCA 80.66(a)(2).
8 CONCLUSION
9 For the reasons stated above, the Court hereby REVOKES the Defendant, Bob Jessy 10 Q u in t a ' s (aka Bob Jessy Topasna Quinta's) (aka Bob Jessy T. Quinta's) probation in the 11 above-captioned matters. The Defendant is hereby SENTENCED to three (3) years 12
13 incarceration at the Department of Corrections, Mangilao with credit for time served. After the
14 completion of the Defendant's sentence the Court shall close the above-captioned cases.
16 IT IS SO ORDERED on this July 12, 2023 17
20 HONORABLE ALBERTO c. LAMORENA III 21 Presiding Judge, Superior Court of Guam 22
Page 5 of 5