People v. Quitugua
Opinion
-.; .- -, I- Iit I- 1--:..... .LI it" I , - bUPERlO§-5 SUPERIOR QGUFET COURT 1 . =5 OF GUAM
ZG2ll £§PR30 Z02~ APR 30 AM lg, JO: II II 1
CLERK of; CGURT 2
3 by:,__. 4 IN THE SUPERIOR COURT OF GUAM COURT OF GUAM 5 PEOPLE OF GUAM, GUAM, )) CRIMINAL CRIMINALCASE CASENO. NO.CF0324-20-01 CF0324-20-01 6 ) 7 vs. vs. )) ) DECISION AND ORDER JUANITA ASHLEY VILLENA )) RE. REVOCATION OF ADULT ADULT QUITUGUA, ) DRUG COURT FINE BALANCE; BALANCE; 9 DOB: ELIGIBILITY FOR GRADUATION DOB:03/02/1984 03/02/1984 )) 10 10 ) FROM ADULT DRUG DRUG COURT Defendant. )) 11 11 ) 12 12 This matter is before the the Honorable Judge Maria T. T. Cenzon on Defendant Cenzonon Juanita Ashley Defendant Juanita 13 13 Villena Quitugua's ("Defendant") fa Quitugua's Motion to ("Defendant") Motion Fine (the to Revoke Fine "Motion"). Alternate (the "Motion"). Publi Alternate Public 14 14 Defender Ana Ana Maria Maria C. C. Gayle Gaylerepresents represents Defendant. Defendant. The The People represented by arerepresented Peopleare Assistan by Assistant 15 15
16 16 Attorney Attorney General Kristine Borja. General Kristine Borja. No No formal formal Opposition Non-Opposition was Opposition or Non-Opposition th was filed by the
17 17 People, People, who not object did not who did object to to the the Defendant's Defendant's request request in in light light of exemplary performance her exemplary ofher an performance and 18 18 success in the success in the Adult Adult Drug Drug Court Court II program and and her her financial financial condition as as set setforth forth in the Def in the Def's 19 19 Declaration Declaration In In Support of of Motion Motion to to Revoke RevokeFine Finetiled filedon onJanuary January 18, 2024. However, 18, 2024. the People However, the 20 20
left left itit to to the the sound sound discretion discretion of of the the Court Court to to determine determine whether whether to revoke revoke the the remaining remaining fine 21
22 22 balance balance of $830.00, $830.00, which is the only only condition condition remaining remaining pursuant to her Plea Agreement pursuant to an Agreement and
23 23 conditions of probation. 24 24 With respect to the Court's authority to revoke the fine as With Cou imposed, the Court as originally imposed, 25 25 turns G.C.A. § to 99G.C.A. turns to § 80.58, which provides as follows: follows : 26 26
27 27 An offender An whohas offenderwho has been been sentenced sentenced to pay pay aa fine fine and and who who isis not not in in contumacious contumacious default in in the payment thereof may at any time petition petition the the court court which which sentenced sentenced 28 28
Page Page 11of3 off I him for a revocation of of the fine or of any unpaid unpaid portion thereof. If Ifitit appears to the 1 satisfaction of the satisfaction the court that that the the circumstances circumstances which which warranted the the imposition of of 2 the fine havechanged, ire have changed,ororthat thatitit would would otherwise otherwise be be unjust unjust to to require payment, the court may revoke the fine or the unpaid portion thereof thereof in whole whole oror in in part. 3
4 As set forth Quinata, forth in People v. Qui ,r 55, 17 1] rata, 2010 Guam 17 55, ""... ... the trial trial court can make any an
5 monetary adjustments that are are required required by by the the evidence presented." See also, also, People v. Acosta,
6 2022 Guam 11, ,r 77 (Guam 1177 (Guam Dec. Dec. 19, 19, 2022). 2022). Moreover, although People v. v. Quinata rata holds that 88 7 GCA §§ 80.52 80.52 requires an "evidentiary hearing before imposition of a fine to determine whether whethe 8 the individual has the financial means to pay," Qui Quinata ,r,r 50-55, the Supreme Court does not rata atat1111 9
10 appear to appear to require require a trial trial court court to to hold a hearing separate separate and and apart apart from from a change of plea or change of o
11 11 sentencing hearing solely for the purpose of determining an individual's individual's financial financial means means to to pay pay a 12 of tax returns, pay fine, or to require the submission of pay check stubs, stubs, certificates certificates of of unemployment o unemployment or 13 1 several witnesses regarding an individual's even detailed testimony from several individual's financial financial means to pay. 14 14 Instead, the Instead, the requirements requirements of of the evidentiary hearing the evidentiary hearing are are met defendant is afforded met if the defendant afforded "the 15 15
16 16 opportunity to present evidence and argument on his ability to pay." Id to pay." Id
17 17 ' In this particular I particular case, case, the the Defendant Defendant has has an an exemplary exemplary record record of compliance compliance with the 18 18 stringent requirements requirements of the the Adult Drug Court, Court, with with the the exception exception of of the the payment of the "non- 19 19 convertible" portion conve1"cible" portionof ofthe theoriginal originalFive FiveThousand Thousand Dollar Dollar ($5,000.00) ($5,000.00) fine fine which which was a provision 20 20 1 of her Plea Agreement. of Agree1nent.1 The The Court Court finds finds compelling compelling the the information information contained in her Declaration 21
22 · coupled with her success in treatment, coupled treatment, her her continued continued gainful gainful employment employment in two jobs, jobs, maintenanc maintenance
23 23 stable and appropriate of a stable appropriate home home for herself and her four minor children children and one one grandchild grandchil 24 24
25 25
26 26 11 Neither Neither the the People nor Defense People nor Defense Counsel Counsel could couldpinpoint pinpointany anystatutory statutory provision provision mandating mandating that that any portion of of the 27 27 "non-convertible"totocommunity $5,000.00 fine be "non-convertible" communityservice. service.As Assuch, such,the the Court's Court'sdecision decisionherein hereinisis not not aa departure departure any mandatory from any mandatory sentence under the the applicable applicable law. 28 28
Page 22 of3 Page off sufficient sufficient to to find find changed changed circumstances warranting aarevocation circumstances warranting revocation of of Defendant's remaining remaining fine 1
2 balance of of$830.00. $830.00. I
3 For For the the reasons reasons set forth herein herein and and applicable only to to the the instant hereb Court hereby case, the Court instant case, 4 REVOKES the remaining remaining fine balance balance of $830.00. $830.00. The The Court that the cautions that Court cautions unusua the unusual 5 circumstances presented presented herein herein and andDefendant's Defendant'scontinued with the treatment program compliance with continued compliance 6
7 provided provided through the the Adult Adult Drug Court compel the findings of the Court herein. the findings The Court's herein. The Court's ruling 7
8 8 herein is unique to Defendant's Defendant's circumstances circumstances and should be interpreted as not be should not precedent for as precedent for all
9 9 ADC wit to comply with unwilling to orunwilling unable or ADC cases cases in in which which aa Defendant simply finds him or herself unable
10 his/her to pay obligation to his/her obligation the fine. pay the fine. 11 11 IT IS IS HEREBY HEREBY ORDERED ORDEREDthat $830.00 is hereby of $830.00 balance of remaining fine balance that the remaining 12 12
13 REVOKED REVOKEDin inits entirety. its entirety.
14 Defendant shall shall be be eligible eligible for for graduation ADC IIIIat graduation from ADC atthe the earliest earliest practicable practicable date. :MOL trt,(t(... 15 15 SO ORDERED ORDERED this this~ day of April, April, 2024. 2024. we. '!:,Ou. 16 16
17 17
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