Ce• r ..,. g. B ;l l"£:'. IJ ' a::L€Ri< CLERI< OFoF ».';<:8u,- COUFt 2321, 202~ NOVM2I 21 PH PH 2: 2: 29 2 9 1 ;";%iJ?ER§f3?-2' SUFERiOR COUff' fz3a1 2 G F ~AM G U ,s IN THE SUPERIOR COURT OF OF GUAM GUAM OF 3
4 PEOPLE PEOPLE OF GUAM, Criminal Criminal Case No. CM0002-21 Case No. GPD GPD R€poI't Report Nos. Nos.20-32730 20-32730 // 21-00012 21-00012 5 v.
6 ANTHONY FERNANDEZ REYES DECISION DECISION AND AND ORDER (aka TONY), GRANTING 7 DOB: 06/23/1991 DOB:06/23/1991 THE PEOPLE'S MOTION MOTION 8 TO REVOKE PROBATION Defendant. Defendant. 9 INTRODUCTION 10
11 This matter came came before before the theHonorable HonorableAlberto Alberto C. Lamorena, Lamorena, III III on on November November 8, 8, 2024, 2024, for
12 12 aa Revocation Revocation Hearing Hearing in inthe the above-captioned above-captioned matter matter related to Anthony Fernandez related to Fernandez Reyes's (aka (aka 13 Tony's) ("Defendant's") failure ony's) ("Defendant's") failuretotoabide abidebybyhis hisprobationary probationaryterms. terms. Defendant Defendantwas wasrepresented represented by 14 Assistant Public Defender ssistant Public DefenderJocelyn JocelynRoden. Rosen. The The People People ofofGuam Guamwere wererepresented represented by by Assistant Assistant 15 Attorney ttomey General General Jacob Wagner. Having Jacob Wagner. Havingduly dulyconsidered considered the the Parties' Parties'briefs, briefs,oral oralarguments, arguments, and and 16 the applicable applicable law, law, the the Court Court now now issues issuesthe thefollowing following Decision Decision and and Order Granting Granting the the People's People's 17 18 18 .Motion Motion to Revoke Revoke Probation. Probation.
19 BACKGROUND 20 On April 6, 6, 2022, 2022, Defendant enteredaadeferred Defendant entered deferredplea pleaof of guilty guilty to to Family Family Violence (as aa 21 Misdemeanor). See Order Order After Hearing Hearing (Apr. (Apr. 28, 28, 2022). 2022). The Court Court would would later later accept accept 22 Defendant's plea and adjudicatehim and adjudicate himguilty guilty on on May May 20, 2024 following 20, 2024 following Defendant's Defendant's failures failures to 23 24 abide by his his probationary probationary terms. terms. See Judgment of Conviction Judgment of Conviction(Nov. (Nov. 6, 2024). AAjudgment 6, 2024). judgment was was
25 entered entered imposing imposing the following following relevant relevant conditions conditions of ofprobation: probation:
26 • MANDATORY TESTING: Defendant shall submit MANDATORY submit to random random alcohol and and drug drug 27 testing under underthe thesupervision supervisionof ofthe theAdult AdultProbation ProbationOffice. Office. 28
Decision and Order Granting the the People's Motion Motion to Revoke Revoke Probation CM0002-2 l,I, People People of ofGua1n Guam v.v. Anthony Fernandez Fernandez Reyes Reyes Page Page lI of ofS5 11 • • STAY AWAY AWAY FROM FROM VICTIM: VICTIM: Defendant Defendant shall shall stay stay away, directly, directly, and and 2 indirectly from Peter Fernandez indirectly Fernandez Reyes, Reyes, Jr. Jr. ("Victim") and shall ("Victim") and shall not not contact contact the the 3 same by telephone, same telephone, in writing, via via email, email, via viatext text message, message, through through social media, 4 via any via any electronic electronic device, or or through through a third-party, third-party, including including aa family family member or
5 friend. friend.
6 • • STAY AWAY FROM VICTIM: VICTIM: Defendant shall stay stay away from from the the residence, residence, 7 school, day care center, dwelling, school, center, or or place place of of employment of Victim, or any Victim, or any other other 8 place, and specified place, and shall shall not not come come within within five hundred (500) five hundred (500) feet feet of the above
9 specified places.
10 10 • • HARRASSING OR HARMING Defendant shall HARMING V ICTIM: Defendant shall not not harass, harass, threaten, 11 strike, or injure physically strike, injure Victim. Victim.
12 12 • LAWS: S Defendant shall shall obey obey all federal federal and and local local laws of Guam. 13 13 d. 14 14 On On June June 10, 10, 2024, 2024, a Violation Report was Violation Report was tiled filed informing informingthe the Court Courtthat that Defendant Defendant had had
15 skipped 15 skippedseveral severalscheduled scheduled drug drug tests. tests. See Ninth Ninth Violation Violation Report Report (Jun. (Jun. 10, 10, 2024). 16 16 On September 25, 2024, September 25, 2024, another Violation Report another Violation Report was filed filed informing informing the the Court Court that that 17 Defendant 17 efendant had had violated violated the the Victim's Victim'sstay-away stay-away order order and and violently violently assaulted assaulted Victim with with a series of
18 punches 18 unches to the the head. head. See Tenth Violation Report (Sep. 25, 2024). Violation Report
19 19 11, 2024, On October 11, 2024, the the People filed their their Motion Motion to to Revoke Revoke Defendant's Defendant's Probation Probation and and
mposeJail 20 Impose Jail Sentence Sentence ("Motion"). ThePeople ("Motion"). The Peoplebase basetheir theirrequest requeston on Defendant's Defendant's non-compliance non-compliance with 21 numerous 21 umerous probation probation conditions. See Motion Motion (Oct. (Oct. 11, 11, 2024). 2024 ). Opposing Opposingthe the Motion, Motion, Defendant Defendant claims 22 hee retains retains the the ability to to complete complete the of his the terms of his probation probation ififgiven givenanother another chance. chance. See See Opposition Opposition 23 too Motion Motion (Oct. (Oct. 28, 28, 2024). 24 24 On November November 8, 8, 2024, 2024, the the Court Court held held aa Revocation RevocationHearing Hearingand andsubsequently subsequently took the the 25 25 matter under advisement. advisement. See Minute Entry Entry (Nov. 8, 2024). (Nov. 8, 26 DISCUSSION 27
Decision Decision and OrderGranting Grantingthe thePeople's People's Motion to Revoke Probation Probation CM0002-21,People CM0002-21, People of Guamv. of Guam v. Anthony AnthonyFernandez Fernandez Reyes Reyes Page 2 of5 11 Guam law specifies the procedures that the Court must follow for revocation of of probation. 2 The 2 Therelevant relevantstatute, statute, in in its its entirety, states states as asfollows: follows:
3 [T]he court, satisfied that court, if satisfied that the the offender offender has has inexcusably inexcusably failed failed to to comply comply with a 4 substantial requirement substantial requirementimposed imposedasasaa condition condition ofof the order may the order revoke the may revoke the suspension suspension or probation probation and sentence sentence or re-sentence the offender. Violation re-sentence the offender. Violation of a 5 condition shall not result result in in revocation, revocation, however, however, unless the the court court determines determines that revocation revocation under all the circumstances then existing will best satisfy the ends of under all the circumstances then existing will best satisfy of 6 justice and the best interests of the public. 7 See 99 G.C.A. G.C.A. §§ 80.66(a)(2) 80.66(a)(2) (1980). (1980). 8 The process for revoking an offender's probation has been further explained by the Guam 9 10 Supreme Supreme Court Court as follows: follows:
11 Probation revocation is a two-step process. First, the trial court must make a factual determination that a violation determination that violation of probation actually has occurred. probation actually If a violation is occurred.
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Ce• r ..,. g. B ;l l"£:'. IJ ' a::L€Ri< CLERI< OFoF ».';<:8u,- COUFt 2321, 202~ NOVM2I 21 PH PH 2: 2: 29 2 9 1 ;";%iJ?ER§f3?-2' SUFERiOR COUff' fz3a1 2 G F ~AM G U ,s IN THE SUPERIOR COURT OF OF GUAM GUAM OF 3
4 PEOPLE PEOPLE OF GUAM, Criminal Criminal Case No. CM0002-21 Case No. GPD GPD R€poI't Report Nos. Nos.20-32730 20-32730 // 21-00012 21-00012 5 v.
6 ANTHONY FERNANDEZ REYES DECISION DECISION AND AND ORDER (aka TONY), GRANTING 7 DOB: 06/23/1991 DOB:06/23/1991 THE PEOPLE'S MOTION MOTION 8 TO REVOKE PROBATION Defendant. Defendant. 9 INTRODUCTION 10
11 This matter came came before before the theHonorable HonorableAlberto Alberto C. Lamorena, Lamorena, III III on on November November 8, 8, 2024, 2024, for
12 12 aa Revocation Revocation Hearing Hearing in inthe the above-captioned above-captioned matter matter related to Anthony Fernandez related to Fernandez Reyes's (aka (aka 13 Tony's) ("Defendant's") failure ony's) ("Defendant's") failuretotoabide abidebybyhis hisprobationary probationaryterms. terms. Defendant Defendantwas wasrepresented represented by 14 Assistant Public Defender ssistant Public DefenderJocelyn JocelynRoden. Rosen. The The People People ofofGuam Guamwere wererepresented represented by by Assistant Assistant 15 Attorney ttomey General General Jacob Wagner. Having Jacob Wagner. Havingduly dulyconsidered considered the the Parties' Parties'briefs, briefs,oral oralarguments, arguments, and and 16 the applicable applicable law, law, the the Court Court now now issues issuesthe thefollowing following Decision Decision and and Order Granting Granting the the People's People's 17 18 18 .Motion Motion to Revoke Revoke Probation. Probation.
19 BACKGROUND 20 On April 6, 6, 2022, 2022, Defendant enteredaadeferred Defendant entered deferredplea pleaof of guilty guilty to to Family Family Violence (as aa 21 Misdemeanor). See Order Order After Hearing Hearing (Apr. (Apr. 28, 28, 2022). 2022). The Court Court would would later later accept accept 22 Defendant's plea and adjudicatehim and adjudicate himguilty guilty on on May May 20, 2024 following 20, 2024 following Defendant's Defendant's failures failures to 23 24 abide by his his probationary probationary terms. terms. See Judgment of Conviction Judgment of Conviction(Nov. (Nov. 6, 2024). AAjudgment 6, 2024). judgment was was
25 entered entered imposing imposing the following following relevant relevant conditions conditions of ofprobation: probation:
26 • MANDATORY TESTING: Defendant shall submit MANDATORY submit to random random alcohol and and drug drug 27 testing under underthe thesupervision supervisionof ofthe theAdult AdultProbation ProbationOffice. Office. 28
Decision and Order Granting the the People's Motion Motion to Revoke Revoke Probation CM0002-2 l,I, People People of ofGua1n Guam v.v. Anthony Fernandez Fernandez Reyes Reyes Page Page lI of ofS5 11 • • STAY AWAY AWAY FROM FROM VICTIM: VICTIM: Defendant Defendant shall shall stay stay away, directly, directly, and and 2 indirectly from Peter Fernandez indirectly Fernandez Reyes, Reyes, Jr. Jr. ("Victim") and shall ("Victim") and shall not not contact contact the the 3 same by telephone, same telephone, in writing, via via email, email, via viatext text message, message, through through social media, 4 via any via any electronic electronic device, or or through through a third-party, third-party, including including aa family family member or
5 friend. friend.
6 • • STAY AWAY FROM VICTIM: VICTIM: Defendant shall stay stay away from from the the residence, residence, 7 school, day care center, dwelling, school, center, or or place place of of employment of Victim, or any Victim, or any other other 8 place, and specified place, and shall shall not not come come within within five hundred (500) five hundred (500) feet feet of the above
9 specified places.
10 10 • • HARRASSING OR HARMING Defendant shall HARMING V ICTIM: Defendant shall not not harass, harass, threaten, 11 strike, or injure physically strike, injure Victim. Victim.
12 12 • LAWS: S Defendant shall shall obey obey all federal federal and and local local laws of Guam. 13 13 d. 14 14 On On June June 10, 10, 2024, 2024, a Violation Report was Violation Report was tiled filed informing informingthe the Court Courtthat that Defendant Defendant had had
15 skipped 15 skippedseveral severalscheduled scheduled drug drug tests. tests. See Ninth Ninth Violation Violation Report Report (Jun. (Jun. 10, 10, 2024). 16 16 On September 25, 2024, September 25, 2024, another Violation Report another Violation Report was filed filed informing informing the the Court Court that that 17 Defendant 17 efendant had had violated violated the the Victim's Victim'sstay-away stay-away order order and and violently violently assaulted assaulted Victim with with a series of
18 punches 18 unches to the the head. head. See Tenth Violation Report (Sep. 25, 2024). Violation Report
19 19 11, 2024, On October 11, 2024, the the People filed their their Motion Motion to to Revoke Revoke Defendant's Defendant's Probation Probation and and
mposeJail 20 Impose Jail Sentence Sentence ("Motion"). ThePeople ("Motion"). The Peoplebase basetheir theirrequest requeston on Defendant's Defendant's non-compliance non-compliance with 21 numerous 21 umerous probation probation conditions. See Motion Motion (Oct. (Oct. 11, 11, 2024). 2024 ). Opposing Opposingthe the Motion, Motion, Defendant Defendant claims 22 hee retains retains the the ability to to complete complete the of his the terms of his probation probation ififgiven givenanother another chance. chance. See See Opposition Opposition 23 too Motion Motion (Oct. (Oct. 28, 28, 2024). 24 24 On November November 8, 8, 2024, 2024, the the Court Court held held aa Revocation RevocationHearing Hearingand andsubsequently subsequently took the the 25 25 matter under advisement. advisement. See Minute Entry Entry (Nov. 8, 2024). (Nov. 8, 26 DISCUSSION 27
Decision Decision and OrderGranting Grantingthe thePeople's People's Motion to Revoke Probation Probation CM0002-21,People CM0002-21, People of Guamv. of Guam v. Anthony AnthonyFernandez Fernandez Reyes Reyes Page 2 of5 11 Guam law specifies the procedures that the Court must follow for revocation of of probation. 2 The 2 Therelevant relevantstatute, statute, in in its its entirety, states states as asfollows: follows:
3 [T]he court, satisfied that court, if satisfied that the the offender offender has has inexcusably inexcusably failed failed to to comply comply with a 4 substantial requirement substantial requirementimposed imposedasasaa condition condition ofof the order may the order revoke the may revoke the suspension suspension or probation probation and sentence sentence or re-sentence the offender. Violation re-sentence the offender. Violation of a 5 condition shall not result result in in revocation, revocation, however, however, unless the the court court determines determines that revocation revocation under all the circumstances then existing will best satisfy the ends of under all the circumstances then existing will best satisfy of 6 justice and the best interests of the public. 7 See 99 G.C.A. G.C.A. §§ 80.66(a)(2) 80.66(a)(2) (1980). (1980). 8 The process for revoking an offender's probation has been further explained by the Guam 9 10 Supreme Supreme Court Court as follows: follows:
11 Probation revocation is a two-step process. First, the trial court must make a factual determination that a violation determination that violation of probation actually has occurred. probation actually If a violation is occurred. If 12 proven, proven, then the Court must determine if the violation warrants if the violation warrants revocation of the 13 probation.
14 See People People of Guam Guam v. Camacho, Camacho, 2009 Guam Guam 66 11 27 (internal 1 27 (internal citations citations omitted). omitted). To To revoke a
15 defendant's defendant'sprobation, probation,evidence evidenceand and facts facts presented presented to to the the Court Court must be "reasonably necessary to 16 16 satisfy satisfy the judge that the probationer's probationer's conduct has not been as required conduct has required by the the conditions conditions of of 17 1; probation." robation." Id. at 130 1130(citing (citing People People v. v. Angoco, 1998 Guam 10). 18 The Court also cannot order revocation unless the offender is provided with written notice 19 20 of ofgrounds grounds for for revocation of probation. See 99 G.C.A. revocation of G.C.A. §§ 80.68(a). At the 80.68(a). At the hearing, hearing, the the offender offender shall shall
21 "have "havethe theright righttoto hear hearand and controvert controvert the the evidence evidence against against him, him, to to offer offer evidence in his defense and 22 too be 22 be represented represented by counsel." Q Id.Should Shouldthe theCourt Courtrevoke revoke an an offender's offender's probation, probation, "it "it may impose 23 on the offender any sentence that might have been imposed originally for the crime of which he 24 was convicted." See 99 G.C.A. G.C.A. §§ 80.66(b). 80.66(b). 25 It remains undisputed that Defendant violated his probation conditions conditions and that there is 26 27 27 probable robable cause to support the violations. support the violations. The The Victim's Victim'ssworn swornwritten written declaration declaration details details how
28 Defendant efendantviolated violated the the stay-away stay-away order order by entering Victim's Victim's property property and violently assaulting him.
Decision and Order Granting the the People's People's Motion Motion to Revoke Probation CM0002-21, People People of ofGuam Guam v.v. Anthony AnthonyFernandez Fernandez Reyes Reyes Page 3 of5 11 See Tenth Violation Violation Report (Sep. (Sep. 25, 25, 2024). 2024). The The Adult Adult Probation Probation Office Office records records also also show how
2 Defendant 2 efendant skipped skipped three three scheduled drug tests scheduled drug tests over aa month-long month-long period. period. See See Ninth Ninth Violation Violation 3 Report eport (Jun. (Jun. 10, 2024). 4 Having found found that that Defendant Defendant was in in violation violation ofofhis hisprobation probationrequirements, requirements, the the next next 5 6 question question the the Court must must resolve resolve is is whether whether"revocation "revocation under underall allthe thecircumstances circumstances... ... will best best 6 7 satisfy satisfythe theends ends of ofjustice justiceand and the the best interests of the interests of public." See 9 the public." G.C.A. §§ 80.66(a)(2). 9 G.C.A. 80.66(a)(2).
8 Based Based on on a review review of ofthe the record, Defendanthas record, Defendant has exhausted trustof exhausted the trust of the the Court Courtby by violating violating
9 numerous 9 umerous probationary probationary conditions. conditions. Defendant repeatedly Defendant repeatedly violated violated the the same same probationary probationary 10 10 conditions over and over over again, again, skipping skipping multiple scheduled drug tests. scheduled drug tests. Defendant also violated 11 11 previous revious court court orders by contacting orders by Victim and contacting Victim and violently violently assaulting assaultingVictim. Victim. This This is is especially especially 12 13 concerning concerning given giventhat that Defendant's Defendant's probation was originally imposed for having committed Family 13 14 Violence 14 iolenceagainst against the the same same Victim. Victim.
15 15 Were probation probation continued, continued, it appears unlikely that appears unlikely that any any significant significant progress would be made
16 16 in in positively positively altering altering Defendant's Defendant's behavior behavior and and ensuring ensuring compliance compliance with with the the Court's Court's orders. orders. 17 ; Therefore, the the Court Court finds finds that that revocation revocation is is in in the the public's public's best best interest interest and and satisfies the ends of the ends 18 ·ustice. See 9 19 justice. GCA §§ 80.66(a)(2). 9 GCA 80.66(a)(2). 19
20 CONCLUSION
21 For For the the reasons stated above, the Court hereby REVOKES ES the Defendant's Defendant's probation probation in in the
22 above-captioned 22 above-captioned matter. matter. The TheDefendant Defendant is is hereby hereby SENTENCED SENTENCEDtotoone one(1) (1)year year incarceration incarceration at 23 23 the Department Departmentof of Corrections, Corrections, Mangilao Mangilao with with credit credit for for time served. served. This This period period of ofincarceration incarceration 24 ii shall shallbe beserved served consecutive to Defendant's Defendant's incarceration incarceration in in CM0277-21. After After the the completion of 25 26 the he Defendant's Defendant'ssentence sentence the the Court Court shall shall close the above-captioned case. 26
27 IT IS SO ORDERED this - November 21, 2024 November 21, ------------ 2024 28
Decision Decision and Order Order Granting Grantingthe thePeople's People's Motion to Revoke Probation Probation CM0002-21,People CM0002-21, People ofofGuam Guamv.v. Anthony AnthonyFernandez Fernandez Reyes Reyes Page 4 of of5 11
2 HONORABLE ALBERTO C. c. LAMORENA III HONORABLE ALBERTO 3 Presiding Judge, Superior Court of Guam
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Decision and Order Granting Granting the thePeople's People's Motion to Revoke Probation CM0002-21, People ofof Guam v. Anthony Fernandez Reyes Page 5 ofS5