People v. Reyes

Opinion

FIL£ gt* 11 QLERH oF gig CLERK OF COURt ,fp- i

2 zu2tf reel.;20 202~ NOV 20 PM PM2:2:227 3 IN THE SUPERIOR IN THE SUPERIOR COURT COURT OF OF GUAMSLJPE~IOR GUAMSupp COURT 4 PEOPLE OF GUAM, GUAM, Criminal Or GUAM OF GW; QGLM u Criminal Case No. cM0277-21 CM0~17-21 i GPD Report Report No. Mg No. 21-18094 21-18094 5 v. v. 6 ANTHONY FERNANDEZ ANTHONY FERNANDEZ REYES, DECISION DECISION AND ORDER 7 7 DOB:06/23/1991 DOB: 06/23/1991 GRANTING 8 THE PEOPLE'S MOTION MOTION Defendant. TO REVOKE PROBATION 9 INTRODUCTION 10 10

11 11 This matter came camebefore before the theHonorable HonorableAlberto Alberto C. Lamorena, Lamorena, III III on November 8, on November 8, 2024. for 2024, for

12 12 aa Revocation Revocation Hearing Hearing ininthe theabove-captioned above-captioned matter matter related related to to Anthony Anthony Fernandez Fernandez Reyes's Reyes's 13 13 ("Defendant's") ("Defendant's") failure failure toto abidebybyhis abide hisprobationary probationaryterms. terms.Defendant Defendantwas wasrepresented represented by by Assistant Assistant 14 14 Public ublic Defender Jocelyn Roden. Defender Jocelyn Roden. The ThePeople PeopleofofGuam Guamwere wererepresented represented by by Assistant Assistant Attorney Attorney 15 12 General General Jacob Jacob Wagner. Wagner. Having duly duly considered considered the the Parties' Parties' briefs, briefs, oral oral arguments, arguments, and and the the 16 17 applicable applicable law, law, the the Court Court now now issues issues the following Decision Decision and and Order Order Granting Granting the People's People's 17 18 18 Motion otionto to Revoke Revoke Probation. Probation.

19 19 BACKGROUND LACKGROUND 20 On April April 6, 6, 2022, 2022, Defendant pled guilty Defendant pled guilty to Family Violence Violence (as (as aa Misdemeanor). Misdemeanor). See 21 22 Judgment of Conviction Judgment of Conviction (Apr. (Apr. 28, 28, 2022). 2022). Pursuant Pursuant to to the the terms terms of ofDefendant's Defendant's plea plea agreement, agreement, aa 22 23 judgment ·udgment was was entered entered imposing the following relevant the following relevant conditions of probation: conditions of 23

24 • • NO DRUGS: Defendant shall not possess Defendant shall possess or consume any illegal controlled consume any controlled

25 substances substances or ormaris Dana. marijuana.

26 • • MANDATORY MANDATORY TESTING TESTING: Defendant Defendant shall shall submit submit to random alcohol and and drug

27 testing under underthe thesupervision supervisionof ofthe theAdult AdultProbation ProbationOffice. Office.

Decision Decision and and Order Granting the People's People's Motion to Revoke Probation CM0277-21, People People of ofGuam Guam v. v. Anthony AnthonyFernandez Fernandez Reyes Reyes Page 1 of 6 11 • • COUNSELING/TREATMENT: Defendant COUNSELING/TREATMENT Defendant shall shall report to Client Services report to Services and and 2 Counseling ("CSFC") Family Counseling withthe ("CSFC") with the Superior Superior Court Court of of Guam Guam for for intake intake and and 3 assessment. Defendant assessment. Defendant shall shall follow all alltreatment treatment recommendations recommendations including including 4 psychological evaluation, psychological evaluation, psychiatric psychiatric evaluation, evaluation, drug drug and and alcohol evaluation, evaluation, and and 5 individual, group, and family counseling.

6 • • STAY AWAY AWAY FROM FROM VICTIM: VICTIM: Defendant Defendant shall shall stay stay away, directly, directly, and and 7 indirectly indirectly from Fernandez Reyes, from Peter Fernandez Reyes, Jr. Jr. ("Victim") ("Victim") and and shall shall not not contact contact the the 8 same by telephone, same telephone, in writing, via email, writing, via email, via via text text message, message, through through social media, 9 via any electronic via electronic device, or or through through a third-party, third-party, including including aa family family member or

10 10 friend. friend.

11 11 •• STAY AWAY FROM VICTIM: VICTIM: Defendant Defendant shall stay stay away from from the the residence, residence, 12 12 school, day care center, dwelling, school, center, or or place place of of employment of Victim, Victim, or or any any other other 13 13 specified place, place, and and shall shall not not come come within within five five hundred (500) feet hundred (500) feet of the above

14 14 specified places. specified

15 15 •• HARRASSING RRAS OR HARMING VICTIM: Defendant Defendant shall shall not not harass, harass, threaten, 16 16 strike, or injure physically strike, injure Victim. Victim.

17 17 • LAWS: S Defendant shall shall obey obey all all federal federal and and local local laws of Guam. 18 18 • FINE:: Defendant shall FINE pay a fine of ofone onethousand thousand dollars dollars ($1,000.00) ($1,000.00) plus shall pay plus court court 19 19 costs of eighty dollars ($80.00). All All or orpart part of ofthe the fine fine imposed imposed may may be be converted converted 20 to community service at current prevailing at the current prevailing minimum wage. 21 •• COMMUNITY COMMUNITY SERVICE: SERVICE: Defendant shall complete one one hundred hundred (100) hours hours 22 of community of community service under the direction under the directionof of the theAdult AdultProbation ProbationOffice. Office. All or or part 23 of the of the community community service service imposed may be be converted converted into into aa fine fine atat the the current current 24 prevailing minimum wage. 25 Id. 25 26 26 On On June 7, 2022, 2022, aa Violation Violation Report June 7, Report was was tiled filed indicating indicating that that Defendant Defendant had had tested positive tested positive 27 formethamphetamine 27 for methamphetamine and and admitted admitted to smoldng smoking methamphetamine two days prior. methamphetamine two prior. See First Violation First Violation 28 eport(Jun. 28 Report (Jun. 7, 2022). 2022).

Decision Decision and and Order Granting the People's Motion Motion to to Revoke Revoke Probation CM0277-21,People l, People of Guam v. a/Guam v. Anthony AnthonyFernandez FernandezReyes Reyes Page 22 of6 1 Another Violation Violation Report Report was filed on June 29, 2022. See Second Second Violation Violation Report Report (Jun. (Jun. 29, 2 2022). 2022). ItItwas wasmade madeknown knownthat thatDefendant Defendanthad hadagain againtested tested positive positive for for methamphetamine, methamphetamine, and and also failed to 3 failed to report Probation Office report to the Adult Probation Officefor formultiple multiplescheduled scheduleddrug drugtests. tests.Id. Q The The Report Report also also detailed how 4 detailed howDefendant Defendant had had failed failed to report to to CSFC CSFC for for his hisinitial initialintake intakeand andprocessing. processing.Id. Q

5 Another Violation Report was filed on August August 18, 18, 2022. See Third Violation Report (Aug. 18, 2022). 6 18, 2022). The TheVictim Victimreported reportedtotothe the Adult Adult Probation Probation Office Office that that Defendant Defendant had had entered entered his property 7 and and battered battered him him with with aa series series of of punches to the head. h ea d . Id. Q

8 Report was Another Violation Report was filed filed on November November 17, 17, 2022. 2022. See Fourth Violation Report Report (Nov. 17, 9 (Nov. 17, 2022). This This time, Defendant again tested positive for methamphetamine methamphetamine during a scheduled

10 10 drug drug test, test, and again again failed failed to to submit submit totomultiple multipleother otherscheduled scheduleddrug drugtests. tests.Id. Q ItIt was was also also made 11 known ll ownthat thatDefendant Defendanthas hasmade madezero zeroprogress onpaying progresson payingoff offhis hislines finesand andcourt court costs, costs, or working off off 12 12 hisis community service service obligations. obligations.Id. Q

13 Two more Violation Reports Reports were were filed filed on on December December 22, 22, 2022. 2022. Defendant's Defendant's Fifth Fifth Violation 14 14 Report eport detailed detailed how how he he tested tested positive for methamphetamine methamphetamine during during aa scheduled scheduled drug dog test. test. See Fifth 15 15 Violation iolation Report Report (Dec. 22, 2022). 2022). Defendant's Defendant's Sixth Sixth Violation Violation Report Report detailed how he failed failed to 16 submit submit to to multiple multiple other other scheduled scheduled drug drug tests tests at at the the Adult Adult Probation Probation Office. Office. See Sixth Violation 17 Report (Dec. 22, 2022).

18 Another Violation Violation Report Report was filed on March March 9, 2023. See Seventh Seventh Violation Violation Report Report (Mar. (Mar. 9, 19 19 2023). 023). The TheCourt Courtwas wasinformed informedthat that Defendant Defendanthad hadfailed failed to to attend attend scheduled scheduled counseling counseling sessions sessions at 20 both oth CSFC CSFC and the Guam Behavioral Behavioral Health Healthand andWellness WellnessCenter Center("GBHWC"). ("GBHWC").Id. Q The The Court Court was also informed 21 also informedthat that Defendant Defendanthad had yet yet to to make any progress make any progress on on paying paying off offhis his fine fine or or court court costs, costs, and 22 that hat he he was making very little little progress progress on onworking workingoff offhis hiscommunity communityservice servicehours. hours.Id. Q

23 Another Violation Report was filed on April 22, 2024. See Eight Violation Violation Report Report (Apr. 22, 24 2024). 024). This ThisReport Reportdetailed detailedhow howDefendant Defendantwas wascontinuing continuingto to skip skip scheduled scheduled counseling counseling sessions sessions at CSFC. QId.It It 25 CSFC. was also was madeknown alsomade knownthat thatDefendant Defendantstill stillhadn't hadn'tmade madeany anyprogress progress on on paying paying off off his 26 fines fines or or court costs. Id. court costs. 27

Decision Decision and and Order Granting the the People's People's Motion Motion to Revoke Probation CM0277-21, People People of ofGuam Guam v. v. Anthony Anthony Fernandez Fernandez Reyes Reyes Page 3 of6 1 On June 10, 2024, another Violation Report was filed. filed. See Ninth Violation Violation Report Report (Jun. (Jun. 10,

2 2024). 2024). The TheCourt Courtwas wasinformed informedthat thatDefendant Defendantcontinued continued to to skip skip several several scheduled scheduled drug drug tests tests at

3 CSFC. F C . Id. n

4 On September 25, 2024, another Violation Violation Report was filed. filed. See Tenth Violation Violation Report (Sep.

5 25, 25, 2024). 2024). For Forthe thesecond secondtime time during during Defendant's Defendant'sprobation probationterm, term, itit was was reported reported that Defendant had 6 entered enteredthe the Victim's Victim'sproperty propertyand andviolently violentlytaken takenVictim Victimtotothe theground ground with withaa series series of ofpunches punches to the

7 head. Id.

8 On October ll, 11,2024, 2024, the the People People filed filed their their Motion Motion to to Revoke Revoke Defendant's Defendant's Probation Probation and

9 Impose mposeJail Jail Sentence Sentence ("Motion"). ("Motion"). The ThePeople Peoplebase base their their request request on Defendant's Defendant's non-compliance with

10 numerous umerous probation probation conditions. See Motion (Oct. l11, l, 2024). Opposing Opposing the the Motion, Defendant claims

ll he eretains 11 retainsthe theability abilitytotocomplete completethe theterms terms of ofhis his probation probation ifif given given another another chance. See Opposition

12 too Motion Motion (Oct. (Oct. 17, 17, 2024).

13 On November 8, 2024, the Court held a Revocation Revocation Hearing Hearing and and subsequently subsequently took the

14 matter 14 atter under under advisement. See Minute Entry (Nov. 8, 2024). 15 DISCUSSION 16 Guam law specifies specifies the the procedures thatthe procedures that theCourt Courtmust mustfollow follow for for revocation of probation. 17 18 The The relevant relevant statute, statute, in in its its entirety, states as follows: follows: 18 19 [T]he court, court, if satisfied that the satisfied that the offender offender has has inexcusably inexcusably failed failed to to comply comply with a substantial requirementimposed substantial requirement imposedasasaa condition condition ofof the the order may revoke order may revoke the the 20 suspension suspension or probation and sentence probation and sentence or re-sentence the offender. re-sentence the Violation of a offender. Violation condition shall not result in revocation, revocation, however, unless the court court determines determines that 21 revocation under all revocation under all the circumstances then existing circumstances then existing will will best best satisfy satisfy the ends of of 22 justice and the best interests of the public.

23 See 9 G.C.A. § 80.66(a)(2) 80.66(a)(2) (1980).

24 The process for revoking revoking an an offender's offender'sprobation probationhas has been been further further explained explained by by the the Guam Guam 25 Supreme Court Court as asfollows: follows: 26 Probation revocation is a two-step process. First, the trial court must make a factual 27 determination that a violation determination that violation of probation actually has occurred. probation actually If a violation is occurred. If proven, proven, then the Court must determine if if the the violation violation warrants warrants revocation revocation of the 28 probation.

Decision and Order Granting the People's Motion Motion to to Revoke Revoke Probation CM0277-21, People ofofGuam Guam v. Anthony Anthony Fernandez Fernandez Reyes Reyes Page 4 of6 1 See People of 2 See of Guam Guam v. v. Camacho, Camacho, 2009 Guam Guam 66 1] , 27 (internal citations 27 (internal citations omitted). omitted). To To revoke aa 2 3 defendant'sprobation, 3 defendant's probation,evidence evidenceand andfacts factspresented presented to to the the Court Court must must be "reasonably necessary necessary to

satisfy the 4 satisfy the judge judge that that the the probationer's probationer's conduct conduct has has not been as required required by the conditions conditions of

5 probation." 5 robation." Id. at at,1]30 30 (citing (erringPeople People v. v.Angoco, Angoco, 1998 Guam 10). 10). 6 The Court also cannot order revocation unless the offender is provided with written notice 7 of grounds of grounds for revocation of probation. See 9 G.C.A. of probation. G.C.A. §§80.68(a). 80.68(a).At Athe thehearing, hearing, the the offender offender shall shall 8 "have "have the the right right to hear and controvert the evidence against him, to offer evidence in his defense and 9 10 toobe be represented represented by counsel." Id. Should the Court revoke an offender's probation, "it may impose

11 on on the the offender offender any any sentence sentence that that might might have have been been imposed imposed originally for the crime of which he

12 was 12 convicted." See 99 G.C.A. as convicted." G.C.A. §§ 80.66(b). 80.66(b). 13 remains undisputed It remains undisputed that that Defendant Defendant violated conditions and violated his probation conditions and that that there is 14 15 probable robable cause cause to support support the violations. Since Since entering entering probation, probation, Defendant Defendant has has tested tested positive 15 16 for for methamphetamine methamphetamine use use on on multiple multiple occasions. Defendant Defendant also also routinely routinely skipped skipped several several other other 16 17 drug drug tests tests as as well well as as scheduled scheduled counseling sessions at counseling sessions at both both CSFC CSFC and and GBHWC. GBHWC. Defendant Defendant has

also failed 18 also failed to to make make any any progress progress on on paying offhis paying off his fines fines or or court court costs, costs, and has has made made very little little 19 progress 19 rogress on working off his community community service hours. Most service hours. Most alarmingly alarmingly of of all, all, Defendant Defendant has 20 20 violated the Victim's stay-away iolated the stay-away order order multiple times by entering multiple times entering the Victim's Victim's property property and and 21 iolentlyassaulting 22 violently assaulting him him on on several several occasions. 22 23 Having found that Defendant Defendant was in in violation violation of of his his probation probation requirements, requirements, the next

24 question question the the Court Court must must resolve is whether "revocation under under all all the the circumstances circumstances ... .. . will best

25 satisfy satisfythe theends ends of ofjustice justice and the best interests of the public." See 99 G.C.A. and the G.C.A. §§ 80.66(a)(2). 80.66(a)(2). 26 Based on a review of of the record, record, Defendant has exhausted the trust of the the Court by by violating 27 numerous umerous probationary probationary conditions. conditions. Defendant Defendant repeatedly repeatedly violated violated the same same probationary probationary 28 conditions over and over again, continuously accumulating Violation Reports over a multi-year multi-year Decision and Order Granting the the People's People's Motion Motion to Revoke Probation CM0277-21, People People of ofGuam Guam v. v. Anthony AnthonyFernandez Fernandez Reyes Reyes Page Page 5 of6 11 period. eriod.Aside Asidefrom a sustained from a sustainedmethamphetamine methamphetamine use, use, Defendant Defendant also continues to to display display a violent violent

2 disposition 2 disposition towards towards Victim, Victim, having having assaulted him again assaulted him again on on several severaloccasions. occasions. This is especially especially 3 concerning given that Defendant's concerning given Defendant's probation probationwas wasoriginally originally imposed for having committed Family 4 Violence iolence against against the same same Victim. Victim. 5 Were probation probation continued, it appears unlikely that appears unlikely that any any significant significant progress would would be be made 6

7 in in positively positivelyaltering alteringDefendant's Defendant's behavior behavior and and ensuring ensuring compliance compliance with with the the Court's Court's orders. orders.

8 Therefore, Therefore,the the Court Court finds finds that that revocation revocation is is in in the the public's public'sbest best interest interest and and satisfies the ends ends of 9 justice. 9 ·ustice. See 9 GCA §§ 80.66(a)(2). 9 GCA 80.66(a)(2). 10 CONCLUSION CQNCLUSQN 11 11 For For the reasons stated above, above, the Court hereby REVOKES the Defendant's Defendant's probation probation in in the 12 12 13 above-captioned matter. The Defendant is hereby SENTENCED to one (1) year incarceration at 13 above-captioned matter. The Defendant is hereby SENTENCED to one (1) year incarceration at 14 14 the he Department of Corrections, Department of served. This Corrections, Mangilao with credit for time served. This period period of ofincarceration incarceration

15 shall shall be be served served consecutive to Defendant's Defendant's incarceration incarceration in CM0002-21. After After the the completion of 16 16 the he Defendant's Defendant'ssentence sentence the the Court shall close the above-captioned case. 17 17

18 18 November 20, 202A 19 19 IT IS SO ORDERED this 20 -r 21 JG;

22 HONORABLE ALBERTO C. c. LAMORENA III Presiding Judge, Superior Superior Court of Guam 23

Decision and People's Motion to Revoke Probation and Order Granting the People's CM0277-21, People People of ofGuam v. Anthony Anthony Fernandez Reyes Reyes Page 6 of6