People v. Reyes

Opinion

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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

28

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

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