E
§ I L LF c%.@:»=*a»<. QF QGQRT
1 2615 FEB
11 pa 2: so
2 $i5i§l¥§E0?& so
3 Hz? is 4
5 IN IN THE
THE SUPERIOR
SUPERIOR COURT OF GUAM
6 )) CRIMINAL CRIMINAL CASECASE NO.
NO. CF0656-19
CF0656-19
7 1 PEOPLE OF GUAM, GUAM, ) GPD Report No.
No.19-35266
19-35266
)
8 vs. )) CRIMINAL CRIMINAL CASE
CASE NO. CF0240-18
9 )) GPD
GPD Report
Report No.
No.18-11353
18-11353
)
10 JAMES E S RYAN ROBINSON, )
aka Conen Cohen James James Lefever
Lef ever Chamberlyn
Chamberlyn ))
11 11 aka Conen-James es Chamberlyn Cham ber ))
) DECISION & ORDER aka Lonen James Jam es Chamberlyn
Cham ber RE. PEOPLE'S MOTION TO REVOKE 12 12 aka Conenjames Chamberlyn Cham ber )) DEFENDANT'S PROBATION & 13 13 DOB:
DOB: 07/23/1989 07/23/1989 oror 07/23/1984 ) IMPOSE JAIL SENTENCE ))
14 14 )
Defendant.
))
15 15 ________________ )) 16 16 This matter came
came before
before the
the Honorable
HonorableAlberto
Alberto E.
E. Tolentino on
on November
November 19,
19, 2024, for
17 17
18 18 a Revocation Revocation Hearing.
Hearing. Defendant
Defendant James
James Ryan
Ryan Robinson
Robinson aka
aka Cohen-James
Corren-James Chamberlyn
Chamberlyn
19 19 ("Defendant")
("Defendant")was waspresent
present with
with counsel
counsel Alternate
Alternate Public
Public Defender
Defender Ana
Ana Maria
Maria Gayle.
Gayle. Assistant
Assistant
20 20 Attorney General Aaron Boyce Boyce was present
presentfor
for the
the People
People of
of Guam ("People"). During Attorney General Aaron Guam ("People"). During the the
21 21 hearing, the court hearing, the courtheard heardthe
theparties
partieson
onthe
thePeople's
People'sMotion
Motionto
to Revoke
Revoke the Defendant's Probation 22 and Impose Impose Jail Jail Sentence. Following the Sentence. Following the hearing, hearing, the
the court
court took
tookthe
the matter
matter under
under advisement
advisement
23 23
24 24 pursuant pursuant totoSupreme SupremeCourt
CourtofofGuam
GuamAdministrative
AdministrativeRule
Rule06-001,
06-001, CVR7.l(e)(6)(A)
CVR 7.l(e)(6)(A) and
and CR 1.1
1.1
25 of of the the Local Local Rules
Rules of
ofthe
theSuperior
Superior Court
Court of
ofGuam.
Guam. Having
Having considered
considered the parties' briefs, oral 26 26 arguments, andthe arguments, and theapplicable applicable law,
law, the
the court now issues this Decision Decision and
and Order GRANTING
27 27 the People's People's Motion Motionto
to Revoke
Revokethe
theDefendant's
Defendant'sProbation
Probationand
and Impose
Impose Jail
Jail Sentence.
Sentence.
28 28
Decision Decision &
& Order
Order Re.
Re. People's
People's Motion
Motionto
to Revoke
RevokeDefendant's
Defendant's Probation
Probation && Impose
ImposeJail
Jail Sentence
Sentence
People v. Robinson aka Chamberlyn, Robinson aka Chamberlin, CF0656-19 CF0656-19 & CF0240-18
CF0240-18
Page Page 1I of
of 16
BACKGROUND
1
2 On May 8, 8, 2018, the Defendant was charged via Indictment for the following offenses in
3 CF0240-18: (1) POSSESSION CF0240-18: (1) POSSESSIOn OF A SCHEDULE SCHEDULE II CONTROLLED
CONTROLLED SUBSTANCE
SUBSTANCE (As
(As a 3rd
4 Degree Felony); (2) Degree Felony); (2) DRIVING DRIVING WHILE
WHILE UNDER THE
THE INFLUENCE
INFLUENCE OF
OF CONTROLLED
CONTROLLED
5 SUBSTANCE SUBSTANCE (As a Misdemeanor); (3) DRIVING Misdemeanor); and (3) DRIVING WITH WITH BROKEN HEADLIGHTS (As a 6 7 Violation). See Indictment (May 8, 8, 2018). For CF0656-19, the Defendant was later charged with 7
8 POSSESSION POSSESSION OF A SCHEDULE SCHEDULE II
II CONTROLLED
CONTROLLED SUBSTANCE
SUBSTANCE (As
(As aa 3rd
3rd Degree Felony).
99 See Indictment (Dec.
(Dec. 13, 2019).
2019). Since his Indictment Indictment in
in CF0240-18,
CF0240-18, the
the Defendant
Defendant received
received
10 eighteen violations violations in CF0240-18
CF0240-18 and
and eight violations in
eight violations in CF0656-19 CF0656-19 for
for violating
violating conditions
conditions of
of
11 11 his probation.
12 12
13 1 A. Defendant
DefendantRobinson's
Robinson's Violations
Violations on
on Pre-Trial
Pre-Trial Release
14 14 While on pre-trial release, the Adult Probation Office ("Probation") filed three violations 15 15 against the Defendant. For the first violation, the report indicated that the: 16 1. Defendant
Defendant failed
failed to
to report
report ex
3x aa week
week ininperson
person to
to the
the Probation
Probation Office.
Office. The
The
17 17 defendant defendant failed to report failed to report on
on April
April 20,
20, 2018
2018 asas well
well as
as on
on May
May 2,
2, 4,
4, 7,
7, 9, 11,
11, 14,
16, 18 and 21, 2018. The defendant last reported on April 27, 2018.
18 18
19 19 1st Violation Report (May 22, 2018). After failing to appear for his Arraignment Hearing twice,
20 20 the court issued a bench warrant for the Defendant's Defendant's arrest
arrest on
on May
May 30, 2018. 1
30, 2018.1
21 \\ \\ 22 \\ \\ 23
24 24 \ \\
25 \\ \\
26 26 \\ \\ 27 27
28 11 See See Arraignment Arraignment Hr'g
I-Ir'g Mins.
Mins. at
at 10:14:13AM
10:14:13AM (May 23, 2018);
2018), see also Bench
Bench Warrant (May 30, 2018).
Decision Decision &
& Order
Order Re.
Re. People's Motion to
People's Motion to Revoke RevokeDefendant's
Defendant's Probation
Probation && Impose
ImposeJail
Jail Sentence
Sentence
People People v. Robinson aka
aka Chamberlyn,
Chamberlyn, CF0656-19 & CF0240-18 CF0240-18
Page Page 2 of 16
After the After the warrant's
warrant's return
return on
on June 26, 2018,
June 26, 2018, Probation
Probation filed
filed a second violation, stating stating
l 22 that the:
the:
3 1.
1. Defendant
Defendant failed
failed to
to refrain
refrain from
from possessing
possessing and
and consuming
consuming any
any illegal
illegal
controlled substances. controlled substances. On June 22, 2018, June 22, 2018, the defendant was apprehended apprehended by
4 Superior Court ofofGuam
Guam Marshals on on an Outstanding OutstandingWarrant
Warrantofof Arrest issued 5 by Judge Judge Benjamin C. Sison Jr.
C. Sison Jr. on May 30, 30, 2018. The defendant admitted 2018. The defendant admitted in writing via
via Declaration
Declaration to smoking
smoking "Ice"
"Ice"hours
hours before
beforebeing
beingapprehended.
apprehended.
6 (Please (Please see
see attached)
attached)
7 st
It It is
is noteworthy
noteworthy that is the that this is the defendant's defendant's 1let positive drug test while positive while on Pretrial 8 Release.
9 9 2nd Violation Violation Report Report (June
(June 26,
26, 2018).
2018). After
After answering
answering to
to his
his violations,
violations, the
the court
court imposed
imposed a
10 thirty-day sanction thirty-day sanction on on the Defendant.See
theDefendant. SeeViolation Violation Hr'g at 1:54:21-2:03:47PM Hr'g Mins. at 1:54:21-2:03:47PM (June (June 26,
11 Two days
2018). Two days later, later, the Defendant was found both legally eligible to legally and clinically eligible to participate participate
12 12
13 13 in the Adult Drug Court Program. 2Upon Drug Court Uponthe theDefendant's
Defendant'srequest
requestand
andunderstanding,
understanding, the
the court
court
14 14 granted his release release so
so long
long as the
the complied
complied with conditions set forth by the court. See Order (July 15 15 11, 11, 2018). For For the third violation,
violation,the
thereport
reportindicated
indicatedthat
thatthe
the::
16 16 1. 1. Defendant
Defendant failed
failed to
to report
report toto the
the Probation
Probation Office
Office upon
upon his
his release
release from
from
17 17 confinement. On On June
June 26,26, 2018,
2018, aaReturn
Returnof
of Warrant
Warrant hearing
hearing was
was held
held before
the Honorable Anita
Anita A.
A. Sukola
Sukolaat at which
whichtime
timethe
the defendant
defendant was
was sanctioned
sanctioned 30
18 days confinement for
for the 1st and 2nd
the 1st nd Violation Reports. His expected release Violation Reports. His
19 19 date was on July July 22,
22, 2018.
2018. OnOn July
July31,
31,2018,
2018,the
theProbation
ProbationOffice
Office confirmed
with with the Department of Corrections that the defendant of Corrections that the defendant was released released on
on July 22,
20 20 2018. The defendant still has has not reported since his release.
21 3rd Violation Violation Report Report (July
(July 31,
31, 2018).
2018). Although
Although the
the court held off
offon
on issuing
issuing aa warrant
warrant for his
his
22 arrest after the Defendant failed failed to
to appear
appear for
forhis
his hearing
hearing on
onAugust
August21 2018,the
21, 2018, thecourt
courteventually
eventually
23 23
24 24 issued a bench warrant 2018. 3 When warrant on September 18, 2018.3 When the the warrant
warrant was
was returned
returned on
on October
October 17,
25 25 2018, the Defendant answered 2018, the answered for for his failure to report to Probation, Probation, but
but the court did not release 26 26
27 27
28 28 2 See Pp1.'s Decl. (June 28, 2018),see also Deck.
2 See Ppl.'s Deel. (June 28, 2018); Deel. (July 3, 2018). 3 3See SeeFurther FurtherProceedings
ProceedingsMins.
Mims.atat9:27:25-27:42AM
9:27:25-27:42AM(Aug.
(Aug. 21, 2018), see
21, 2018); see also Bench Bench Warrant (Sept. 19,
19, 2018).
Decision Decision & Order
Order Re.
Re. People's
People's Motion
Motionto
to Revoke
RevokeDefendant's
Defendant's Probation
Prnbation && Impose
ImposeJail
Jail Sentence
Sentence
People v. Robinson aka
v. Robinson aka Chamberlyn, Chamberlin, CF0656-19
CF0656-19 & CF0240-18
CF0240-18
Page of 16 Page 3 of 16
16
him from Department of Corrections'
Department of Corrections' ("DOC")
("DOC") custody.
custody. See
See Return
Return of Warrant Hr'g Mins.
Warrant Hr'g Mins. at
at
1
2 1:13:53-15:44PM 1:13:53-15:44PM (Oct. 17, 17, 2018).
2018).
3 On On November
November 13,
13, 2018,
2018, the court accepted the the Defendant's guilty
guilty plea
plea in
in CF0240-18
CF0240-18 as
as
4 .
to the the First FlrstCharge
Chargeofof
POSSESSION OFOF
POSSESSION A ASCHEDULE
SCHEDULEIIIICONTROLLED
CONTROLLED SUBSTANCE (As
SUBSTANCE (As
5 a 3rd Degree Degree Felony).
Felony). See
See Change
Change of
of Plea Hr'g Mins.
Mins. at
at 9:35:40-45:29AM
9:35:40-45:29AM (Nov.
(Nov. 13,
13, 2018).
2018).
6
7 When the court took his plea, the to complete conditions, the Defendant agreed to such as conditions, such aspay
pay aa five
five
7
8 8 thousand dollar fine thousand dollar fine plus plus court
court costs,
costs,perform
perform community
community service,
service, check in with Probation Probation three
9 9 times a week, week, and
and enroll
enroll in
in the
the Adult
Adult Drug
Drug Court
CourtIIII Program
Program ("Adult
("Adult Drug
Drug Court"). See Plea
Plea
10 10 Agreement at 4-7 4-7 (Nov.
(Nov.15,
15,2018).
2018).Based
Basedon
onthis
thisagreement,
agreement, the
the court
courtsuspended
suspended his
his three-year
three-year
11 11 imprisonment the remaining charges against him. Id. imprisonment term and dismissed the 12 12
13 13 B. Defendant Defendant Robinson's in Adult Robinson's Violations in Adult Drug Court
14 14 While participating participating in Adult Drug Drug Court,
Court, Probation
Probation filed six
six more
more violations
violations against
against
15 15 Defendant Robinson. Despite Defendant Robinson. Despite his his first
first Adult Drug
Drug Court
Court proceeding
proceeding being
being scheduled
scheduled for
16 16 November 30, 30, 2018,
2018, the
the Defendant
Defendant failed to appear appear as ordered under the ordered under the terms
terms of
of his Plea
Plea
17 17 18 Agreement. See See Progress
Progress Hr'g
Hr'g Mims. at10:44:18AM
Mins. at l0:44:18AM (Nov. 30, 2018).
2018). For the
the Defendant's first
18
19 19 violation under violation under Adult Adult Drug
Drug Court
Court supervision,
supervision, the
the report
report indicated
indicated that he:
he:
20 20 1.
1. Failed
Failedtotoreport
reporttotothe
the Probation
Probation Office
Officeforforthree
three times
times weekly
weekly drug
drug testing. The
probationer probationer isis required requiredtotoreport
reportforfordrug
dog testing
testing every
every Monday,
Monday, Wednesday,
Wednesday,
21 Friday, and asas instructed instructedand
andfailed
failedtotoreport
reporton
onthethefollowing
following dates:
dates: November
November
22 19, 19, 21, 26, 28, 30, December December 3,3, 5,
5, 6,
6, 10
10 and
and 12,
12, 2018.
2018.
23 23 2. Failed Failedtotoattend
attendaaweekly
weeklygroup
groupcounseling
counselingsession.
session. The
The probationer
probationer is required
24 to attend a weekly
weekly group counseling session and and failed
failed to attend on
on November
November
24 19, 19, 26, December
December 33 and
and 10,
10, 2018.
2018.
25 25 3. Failed
Failed to
to attend
attend a scheduled and
andconfirmed
confirmed weekly
weekly case manager
manager meeting.
meeting. The
26 26 probationer had had aa confirmed
confirmed appointment
appointmenttotomeet
meetwith
withhis
hisprobation
probationofficer
officer on
27 November November 19,19, 2018
2018 and failed to attend.
attend.
27
28 1st Violation Report (Phase I) (Dec.
1st Violation (Dec. 13, 13, 2018).
Decision Decision &
& Order
Order Re.
Re. People's
People's Motion
Motiontoto Revoke
RevokeDefendant's
Defendant's Probation
Probation && Impose
ImposeJail
Jail Sentence
Sentence
People v. Robinson aka Chamberlyn, Chamberlyn, CF0656-19 & CF0240-18 CF0240-18
Page Page 4 of 16
After his second failed appearance appearance for Adult Drug Court Court proceedings, the court issued a 1
22 warrant. See bench warrant. See Progress Progress Hr'g at 11:01:43AM Hr'g Mins. at ll:0l:43AM (Dec.
(Dec. 14,
14, 2018).
2018). The warrant
warrant was
3 returned on March 27, 2019, 2019, which led Probation to file the Defendant's second second violation. For
4 4 this violation, the report indicated that the Defendant: 5 1. Failed
Failedtotoreport
reporttoto the
the Probation
Probation Office
Office for
for three
three times weekly drug
drug testing. The
6 probationer is required required to to report
report for
for drug
drug testing
testing every
every Monday, Wednesday,
7 Friday, and as instructed and failed to report on the following dates:
dates: November
19, 21, 26,
26, 28,
28, 30,
30,December
December2018,
2018,January,
January,February,
February,March
MarchI,l, 5,5,6,6,8,8,11, ll, 13,
13,
8 18,20,22,25,2019.
15, 18, 22, 25, 2019.
9 2. Failed
Failedtotoattend
attendaaweekly
weeklygroup
groupcounseling
counselingsession.
session. The
The probationer
probationer is required
10 10 to attend a weekly group counseling session and failed to attend on November 19, 26,
26, December
December 2018,
2018, January,
January, February,
February,March
March 5,5, 11,
ll, 18,
18, 2019.
11 11 2nd Violation Report (Phase Violation Report (Phase I)I) (Mar.
(Mar.27,
27,2019).
2019).The
TheDefendant
Defendantreasoned
reasonedthat
that his
his current
current living
12 12
13 13 situation contributed to his lack lack of reporting. See Further ofreporting. Further Proceedings Proceedings Mins.
Mins. atat 33:09:20PM (Mar.
14 14 28, 2019).
2019). He added that although he tried entering entering into
into treatment
treatment with Lighthouse Lighthouse Recovery
15 15 Center, Center, there was currently a waiting list list for
for participants at
at the time. Id. Although the court court later
16 16 released the Defendant to focus focus on his recovery, he was "refreshed to Phase I" based on his non-
17 17 compliance with Adult Adult Drug
Drug Court.
Court. See Return of
of Warrant Hr'g
Hr'gMims.
Mins. at 10:30:27AM (Apr. 19, 19,
18 18
19 19 2019).
2019).
20 20 Despite starting starting back at Phase I in the the program,
program, the Defendant
Defendant made progress in Adult 21 Drug Court, including testing Court, including testing negative negative and
and leveling
leveling up to Phase
Phase II.
II. However,
However, the
the Defendant
Defendant
22 received his first violation violation in
in Phase
Phase II
II on
on October
October 17,
17, 2019. For this violation, the report indicated 23
24 that the Defendant: 24
25 25 1. Failed Failedtotoreport
reportto
to the
the Probation Office for three three times times weekly
weekly drug
dog testing. The
probationer is required
required to report
report for for drug
drug testing
testing every
every Monday, Wednesday,
26 Friday, and as instructed and failed to report on the following dates: September 27 23, 25, 27,
27, 30,
30, October
October 2,
2, 4,4, 9,9, 11,
ll, 14,
14, and
and 16,
16, 2019.
28
Decision Decision &
& Order
Order Re.
Re. People's
People's Motion
Motionto
to Revoke
RevokeDefendant's
Defendant's Probation
Probation && Impose
ImposeJail
Jail Sentence
Sentence
People People v. Robinson aka
aka Chamberlyn, CF0656-19 & CF0240-18 CF0240-18
Page Page 5 of 16
2. Failed
Failedtotoattend
attendaaweekly
weeklygroup
groupcounseling
counselingsession.
session. The
The probationer
probationer is required
1 to attend a weekly group counseling session session and failed to attend on September 2 23, 30, October 7 and 14, 2019.
3 (Oct. 17, 1st Violation Report (Phase II) (Oct. 17, 2019).
2019). For his failure
failure to appear,
appear, the court
court issued a
4 Summons rather than an arrest warrant to ensure the Defendant's appearance at his next Adult 5 Drug Court proceeding. See See Summons (Oct. 21, 2019).
2019). After Probation filed tiled a second violation
6
7 and the Defendant Defendant failed to appear appear for his
his Adult
Adult Drug
Drug Court
Court proceeding,
proceeding, the court
court eventually
eventually
8 issued a bench warrant on on November
November 8,
8, 2019.
2019. See
See Further
Further Proceedings
Proceedings Mims. at 10:46:15AM Mins. at 10:46:l5AM
9 (Nov. 8, 2019).
10 10 Similar to his first
first violation in Phase
Phase II,
II, the
the Defendant
Defendant received
received aa second
second violation
violation for
11 1
failing to failing to report report for
for three
three times weekly drug testing weekly drug testing and weekly group counseling weekly group counseling sessions sessions during
12 12
13 13 October and November. See See 2nd Violation
Violation Report (Phase II) (Nov.
(Nov. 7,
7, 2019).
2019). Upon
Upon the
the warrant's
warrant's
14 14 return on December 10, 2019, 2019, Probation
Probation filed a third
third violation
violation against the Defendant, stating that 15 15 he: he:
16 16 1. Failed
Failed to
to obey
obey all
all laws
laws ofofGuam.
Guam.On OnDecember
December4,4,2019,
2019, the
theprobationer
probationer
17 17 appeared before the appeared before the Magistrate Magistrate Judge
Judge andand was charged with Possession of a rd
Schedule II Controlled Substance (3'd Degree Felony), Degree Felony), Illegal Possession with 18 18 rd in aa Drug
Drug Free
Free School
School Zone
Zone (3'd
(3 Degree
Degree Felony),
Felony), Possession
Possession of aa Firearm
Firearm
rd
19 19 without a Guam Guam Firearm
Firearm Identification
Identification (3rd Degree Felony)
(3 Degree Felony) in CF0656-19. He is being held on live
five thousand
thousand dollars
dollars ($5,000.00)
($5,000.00) cash bail.
20 20 2. Failed
Failed to report to the
the Probation
Probation Office for three three times
times weekly
weekly drug testing. The
21 probationer is required
required to
to report
report for
for drug
drug testing
testing every
every Monday, Wednesday,
22 Friday, and as instructed and failed to report on the following dates: September 23, 25, 27, 30,
30, the
the entire months of October and November 2019.
23 23 3. Failed
Failed to attend a weekly group counseling session. The probationer is required 24 24 to attend a weekly group counseling session and failed to attend on September 25 25 23, 30, the entire months of October and November 2019.
26 26 3rd Violation Violation Report Report (Phase
(Phase11)
II) (Dec. 10, 2019).
27 27 \\ 28
Decision Decision &
& Order
Order Re.
Re. People's
People's Motion
Motionto
to Revoke
RevokeDefendant's
Defendant's Probation
Probation && Impose
ImposeJail
Jail Sentence
Sentence
People v. Robinson aka Chamberlyn, CF0656-19 & CF0240-18 CF0240-18
Page Page 6 of 16
Despite the court granting his release from DOC on May 12, 2020, 2020, the
the Defendant
Defendant received
received
1
2 a fourth violation with with Adult
Adult Drug
Drug Court,
Court, indicating
indicatingthat
that he
he:
3 Failed to report to to the Probation Office three (3) times a week via phone call. call. At a hearing on May 12,12, 2020, 2020, and as
as a result of
of the COVID-19 crisis,
crisis, the probationer
4 was ordered to contact the Probation Probation Office
Office via
via phone
phone every
every Monday,
Monday, Wednesday,
Wednesday,
5 Friday, and as instructed. He failed to call on the following following dates:
dates: June
June 5,
5, 8,
8, 10,
10, 12,
15, 17, 19, 22, 15, 22, 24,
24, and 26,
26, 2020.
2020. The
The probationer
probationer last
last made
made contact viavia phone phone on
6 June 3, 2020. 7 7 II) (June 29, 2020).44 For 4th Violation Report (Phase II) For the the Defendant's failure to appear in court Defendant's failure
8 CF0240-18 and CF0656-19, for CF0240-18 CF0656-19, the the court issued another bench warrant on July 28, 28, 2020. See
9 10 10 Warrant (July 30, 2020). Although the Bench Warrant the court court vacated
vacated this
this warrant
warrant before its
its return,
return, the
11 11 Warrant (Dec. 30, arrest in both cases. See Bench Warrant court issued another bench warrant for his arrest
12 12 2020).
2020). 13 13 5; 2021,
On April 55 2021, the
the warrant
warrant was
was returned
returned and
and addressed
addressed a few days later. During the 14 14 Defendant's Return of Defendant's Return Warrant Hearing, of Warrant Hearing, the
the parties
parties agreed
agreed that
that the Defendant would
the Defendant would be
15 15
16 16 transferred transferred out of the Adult Adult Drug
Drug Court.
Court. See Further Proceedings Mims.
Mins. at
at 10:47:38--48:12AM
10:47:38-48:12AM
17 17 (Apr. 8, 2021).
2021). The
The court
court memorialized
memorialized this agreement in its Order After Hearing filed August 5, 18 18 2021.
2021. 19 19 DefendantRobinson's C. Defendant Robinson's Violations Violations on
on Traditional
Traditional Probationary
Probationary Supervision
20 20 On April
April 29,
29, 2021,
2021, the
the court
courtaccepted guilty plea accepted the Defendant's guilty plea in in CF0656-19
CF0656-19 as
as to the
21
22 22 First Charge of POSSESSION OF A SCHEDULE SCHEDULE 11
II CONTROLLED
CONTROLLED SUBSTANCE (As a 3rd
23 23 Felony). See Judgment Degree Felony). Judgment (July (July 26,
26, 2021).
2021). Pursuant to
to his Plea Agreement in CF0656-19, CF0656-19,
24 | . . . 2 the Defendant's five-yearprobationary Defendant's five-year probationary term term was
was to
to run
run concurrently
concurrently wlth
with his
his probationary term
25 in CF0240-18. Id.
Id. at 2.
2. Upon
Upon the
the court's entry of
of judgment
judgment in
in CF0656-19,
CF0656-19, Probation filed a total 26 26
27 27
28 28 4 4 Under CF0656-19, Under CF0656-19,Probation Probationalso
alsofiled
filedthe
theDefendant's
Defendant's1st
let Violation
Violation Report similar to to this fourth violation in fourth violation
CF0240-18. See 1st CF0240-18. See let Violation Violation Report
Report(June
(June 29,
29, 2020).
Decision Decision & Order
Order Re.
Re. People's
People's Motion
Motionto
to Revoke
RevokeDefendant's
Defendant's Probation
Probation && Impose
ImposeJail
Jail Sentence
Sentence
People People v. Robinson aka
aka Chamberlyn,
Chamberlyn, CF0656-19 & CF0240-18 CF0240-18
Page Page 7 of 16 of sixteen violations against the Defendant: nine violations in CF0240-18 of l and seven violations in 1
22 CF0656-19. For CF0656-19. For the first violations the Defendant's first violations in CF0240-18 CF0240-18 and
and CF0656-19,
CF0656-19, the report
report
3 indicated that the the Defendant:
Defendant:
4 1.) Failed 1.) Failed to
to report
report to the Probation Office for intake intake and
and processing.
processing. The
The defendant
defendant
5 was released from confinement confinement on
on April
April 29,
29, 2021 and was scheduled scheduled to report
to the Probation Office for intake and processing on May 3, 3, 2021 but failed to 6 do so. 7 2.) Failed to report to the Probation Office Office three
three (3)
(3) times
times weekly.
weekly. The defendant
8 last made contact contact with the
the Probation
Probation Office
Office on
onApril
April30,
30,2021
2021.
9 1st Violation Report Report (July
(July 1,
1, 2021). In CF0656-
CF0656-19,
19, the
the court
court issued
issued another
another bench warrant for his 10 10 failure to appear at at his
his court
court hearing,
hearing, which
which was
was returned
returned on November
November 1,
1, 2021. That same day,
11 subsequently filed
Probation subsequently filed a second second violation in both
both cases.
cases. For
For the
the second
second violations,
violations, the
the
12 12
13 13 reports indicated that the the Defendant:
Defendant:
14 Failed to obey all laws of of Guam.
Guam. On On October
October 29,
29, 2021,
2021, the
the probationer
probationer appeared
appeared
before the Magistrate Judge and was charged with Assault Against a Peace Officer 15 15 (As a 3rd
'd Degree
Degree Felony) and Resisting Arrest (As a Misdemeanor) in CF0553-21.
16 16 He is currently being held held on
on three
three thousand
thousand dollars
dollars ($3,000.00)
($3,000.00) cash bail and is scheduled scheduled to appear [before]
appear [before] the Honorable Honorable Blyze M. Iriarte Elyse M. Iriarte for
for aa Preliminary
Preliminary
17 Hearing on November November 8,8, 2021 at 4:00pm.
18 18 2nd Violation Report (Nov. 1, response, the 1, 2021). In response, the court court sanctioned
sanctioned the
the Defendant
Defendant seven days
19 19 at DOC with an an auto-release
auto-release date on November November 8, 2021. See Return of of Warrant
Warrant Hr'g
Hr'g Mims.
Mins. at
20
11:11:48AM 11: 11 :48AM (Nov. 1, After being 1, 2021). After being released, released, Probation
Probation filed
filed the
the Defendant's
Defendant's third violation 21
22 22 in CF0240-18, stating that he:
23 23 1.)
1.) Failed
Failed to report to make monthly payments payments towards his court ordered fines lines and
fees. fees. The probationer's balance balance remains at $5,080.00 and no $5,080.00 and no payments have 24 24 been made to date.
25 25 2.) Failed to perform and complete complete community
community service
service hours.
hours. The probationer's
probationer's
26 balance remains at 150 hours.
27
28 28
Decision Decision &
& Order
Order Re.
Re. People's
People's Motion
Motionto
to Revoke
RevokeDefendant's
Defendant's Probation
Probation && Impose
ImposeJail
Jail Sentence
Sentence
People v.
v. Robinson
Robinson aka
aka Chamberlyn,
Chamberlin, CF0656-19 & CF0240-18 CF0240-18
Page Page 8 of
of 16
3.) Failed
Failedto
tocomplete
completetreatment.
treatment. The
The probationer
probationer was ordered
ordered to get
get assessed for
assessed for
1 Drug & Alcohol
Alcoholtreatment
treatment with
with Guam
Guam Behavioral Health
Health and
and Wellness Center,
Center;
2 however, he failed to do so.
3 3rd Violation Violation Report (Nov.
(Nov. 18,
18, 2021).
2021). For
Forhis
his fourth
fourth and
and fifth
fifth violations
violations in
in CF0240-18,
CF0240-18, along
along
4 with with his third violation violation in
in CF0656-19,
CF0656-19, each
each report indicated that the the Defendant
Defendant"[f]ailed
"[fl to report
5 to the Probation Office Office for
fordrug testing." 5 Based drugtesting."5 Based on on this
this third
third violation
violation in
inCF0656-19,
CF0656-19, the
the court
court
6
subsequently issuedanother subsequently issued anotherwarrant warrantfor
forhis
hisarrest.
arrest.See
SeeBench
BenchWarrant
Warrant(Mar.
(Mar.10,
10,2019).
2019). Prior
Prior to
7
8 the warrant's return, the warrant's return,Probation Probationfiled
filed aa sixth
sixth violation
violation in CF0240-18 and a fourth CF0240-18 and fourth violation violation in
9 CF0656-19. Both Both reports indicated the the Defendant's:
Defendant's:
10 1. 1. Failure
Failuretotoreport
reporttotothe
theProbation
Probation Office
Officethree
threetimes
times aaweek.
week. He
He last
last reported
reported on
11 11 February February 9, 9, 2022
2022 viavia telephone.
2. Failure
Failure to to follow
followand andcomplete
completetreatment
treatment recommendations recommendations by Guam Guam 12 Behavioral Health
Health and
and Wellness Center.
13 13 3. Failure to attend recovery support attend 24 recovery support meetings.
4. Failure to make monthly payments to fine and of $5080.00.
and court cost of $5080.00.
14 14 5. Failure to perform 150 hours of 150 hours of community
community service.
15 15 6th Violation Violation Report (Apr. 1, 1, 2022),
2022); 4th
4th Violation
Violation Report
Report (Apr.
(Apr. 1,1, 2022).
2022). During
During the
the Return of
of
16 16 Warrant Hearing, Warrant Hearing, the the court
court vacated
vacated the
the warrant, however, Probation warrant; however, Probation also also requested for the
requested for the
17 Defendant's revocation of Defendant's revocation of probation. See Return probation. See Returnof
of Warrant
WarrantHr'g
Hr'g Mins.
Mins. at 9:16:30-23:14AM
18 18
19 19 (July 20, 20, 2022).
2022). On
On August
August 24,
24, 2022,
2022, Probation
Probation filed
filed the
the Defendant's
Defendant's seventh
seventh violation in
in
20 CF0240-18 and and fifth
fifth violation
violation in
in CF0656-19.
CF0656-19. Both
Both reports
reports indicated the
the Defendant's:
Defendant's:
21 1. 1. Failure
Failuretotoreport
report to
to the
the Probation
Probation Office,
Office,ininperson
person three
three times
times a week, after
after
22 being released released by thethe Department Department of Corrections Corrections on
on July
July 20,
20, 2022,
2022, by Judge
Judge
Alberto E. Tolentino.
23
24 5th Violatiop.
Violation Report (Aug.
(Aug. 24, 2022). 6
24, 2022).6
25
26 26
27 27 55 4th 4th Violation Violation Report
Report (Jan.
(Jan. 11,
11, 2022);
2022); 5th Violation Report 5th Violation Report (Mar. 4 2022); 3rd 3rd Violation
Violation Report
Report (Mar.
(Mar. 4, 2022).
4, 2022).
66 Although Although Probation Probation captioned
captioned thethe Defendant's Defendant's seventh violation violation asas a 5th
5th Violation
Violation Report
Report in
in CF0240-18,
CF0240-18, thethe
28 28 previous violation previous filed in this case was violation filed was aa sixth sixth violation.
violation. Therefore,
Therefore, this
this report
report constitutes
constitutes as
asthe
theDefendant's
Defendant's seventh
seventh
violation in CF0240-18 and his fifth fifth violation in CF0656-19.
CF0656-19.
Decision Decision && Order
Order Re.
Re. People's
People's Motion
Motionto
to Revoke
RevokeDefendant's
Defendant's Probation
Probation && Impose
ImposeJail
Jail Sentence
Sentence
People v. Robinson People v. Robinson aka
akaChamberlyn,
Chamberlin, CF0656-19
CF0656-19 && CF0240-18
CF0240-18
Page Page 9 of 16
For For the Defendant's failure failure to
to appear
appear at
at his Violation
ViolationHearing,
Hearing,the
the court
court issued
issued aa bench
bench
1
2 2 warrant in both matters.
matters. Upon
Upon the
the warrant's
warrant's return on
on May
May 15,
15, 2023, the court imposed a ten-day
3 sanction on the sanction on the Defendant.
Defendant.See
SeeReturn
ReturnofofWarrant
WarrantHr'g
Hr'gMins.
Mins. at
at 4:27:44PM
4:27:44PM (May
(May 18,
18, 2023).
2023).
4 After After sewing servinghis
his sanction,
sanction, Probatlon
Probation filed
filed the
the Defendant's
Defendant's eighth
eighth vlolatlon
violation in
in CF0240-18
CF0240-18 and
and
5 sixth violation violation in
in CF0656-19,
CF0656-19, reporting his:
his:
6
1. 1. Failure
Failuretotoreport
reportto
tothe
the Probation
Probation Office
Officeininperson,
person, three
three times
times aa week. He last
last
7 reported reported ononJune
June 7,
7, 2023
2023..
8 8th Violation Violation Report (July (July 7, 2023),
2023); 6th Violation Report 6th Violation Report (July (July 7,
7, 2023).
2023). Due
Due to
to the
the Defendant's
9
10 absence absence at his Progress Hearing Hearing on
on January
January 9, 2024, the
the court
court issued another warrant for another bench warrant for
11 his arrest arrest in both cases. See Bench Warrant cases. See Warrant (Jan.
(Jan. 10,
10, 2024). After
After the
the warrant
warrant was
was returned
returned on
12 12 March 18, 18, 2024,
2024, Probation filed
filed the
the Defendant's
Defendant's ninth
ninth violation
violation in
inCF0240-18
CF0240-18 and
and his
his seventh
seventh
13 13 violation violation in in CF0656-19.
CF0656-19. For
For both
both violations,
violations, the
the reports
reports indicated the
the Defendant's:
14 14 1. 1. Failure
Failure to
to obey
obey all
allthe
the laws
laws ofofGuam.
Guam.OnOnMarch
March18,18,2024,
2024, aamagistrate
magistrate
15 15 complaint complaint was filed, in the Superior Court of Guam, for the charge was tiled, in the Superior Court of Guam, for the charge of Possession of aa Schedule rd 16 16 Schedule I Controlled Controlled Substance (As a 3rdDegree Substance (As Degreefelony), felony), in
CF0179-24. He was committed CF0l 79-24. He was committed on a a $5,000.00 cash bond and is being $5,000.00 cash bond and being 17 17 represented represented byby the
the Alternate
Alternate Public Defender. He He has
has a scheduled Preliminary hearing on March
March 28, 2024, at 4:00pm.
18 18
19 19 9th Violation Report 9th Violation Report (Mar. 2024); 7th 19, 2024),
(Mar. 19, 7th Violation Violation Report
Report (Mar.
(Mar. 19,
19, 2024).
2024). During
During the
the
20 Defendant's Return of Warrant Warrant Hearing, the court scheduled scheduled aa Revocation
Revocation Hearing
Hearing in CF0240-
21 21 18 18 and and CF0656-19, CF0656-19, and also revoked his and also his pre-trial pre-trial release
release in
in his
his other
other matter
matter CF0553-21.
CF0553-21. See
See
22 Return of Warrant Hr'g Hr'g Mins.
Mins. at
at 2: 11230-16:20PM (Mar. 21, 2024).
2:11:30-16:20PM
23 23 Upon Upon the court's request, request, Probation provided the Defendant's procedural history on all procedural history
24 24
25 25 his criminal matters in an matters in an Informational InformationalReport.
Report.See
See Informational
InformationalReport
Report(Aug.
(Aug. 21,
21, 2024). On
26 26 November November 5, 5, 2024, the People
2024, the People filed
filed its
its Motion
Motion to
to Revoke
RevokeDefendant's
Defendant'sProbation
Probationand
and Impose
Impose Jail
27 27 Sentence ("Motion"). See Sentence ("Motion"). See Pp1.'s Ppl. Mot. Revoke (Nov.
(Nov.5,
5,2024).
2024). The
The following
followingweek,
week,the
the Defendant
Defendant
28
Decision Decision && Order
Order Re.
Re. People's
People's Motion
Motionto
to Revoke
RevokeDefendant's
Defendant's Probation
Probation && Impose
ImposeJail
Jail Sentence
Sentence
People v. Robinson aka Chamberlyn, Charnberlyn, CF0656-19 & CF0240-18 CF0240-18
Page 10 of 16
subsequently fieldhis subsequently field hisOpposition Oppositiontotothe
the People'sMotion
People's Motion("Opposition").
("Opposition").See
SeeDef.
Def.'s Opp'n(Nov.
's Opp'n (Nov.
1
2 12, 2024).
2024).
3 After two After two continuances, courtheld continuances, the court heldthe theDefendant's
Defendant'sRevocation
Revocation Hearing
Hearing on November
November
4 19, 2024.
2024. Although Although the
the People
People only moved
moved for
for revocation
revocationin
inCF0656-19,
CF0656-19, both
both parties
parties agreed to
5 address revocation in both cases since the Defendant's address revocation Defendant's Judgment Judgment called for
for the
the probationary
probationary
6
7 periods to run concurrentlywith run concurrently with one one another.
another.See
SeeRevocation
RevocationHr'g
Hr'g Mims. at 10:15:10-16:28AM Mins. at 10:15:10-16:28AM 7
8 (Nov. 19, (Nov. 19, 2024).
2024). After
Afterhearing
hearingthe
theparties'
parties'arguments
arguments on
on the
the Motion,
Motion, the
the court
court took
took the
the matter
matter
9 9 under advisement.
advisement.
10 DISCUSSION
II 11 If Ifthe
the court
court finds
finds that
that the Defendant has
has "inexcusably
"inexcusably failed
failed to
to comply
complywith
withaasubstantial
substantial
12 12
13 1 requirement imposedas requirement imposed as aa condition condition of
of the
the order,"
order," itit may
may revoke
revoke probation
probation and
and sentence
sentence or
14 14 resentence theoffender.
resentence the offender. 99 GCA GCA §§ 80.66(a)(2).
80.66(a)(2). IfIfaacourt
courtchooses
chooses to
to revoke
revokeprobation,
probation, the
the court
court
15 15 may may sentence the defendant sentence the defendanttoto any any sentence
sentencethat
thatititmay
mayhave
haveoriginally
originally imposed.
imposed.99GCA
GCA §§
16 16 80.66(b).
). However,
However, itit shall
shall not
not revoke
revoke probation
probation for
for aa defendant's violation violation of
ofaa condition
condition unless
unless
17 17 18 the court determines determines that
thatrevocation
revocation"will
"will best
best satisfy
satisfy the
the ends
ends of
ofjustice
justice and
and the best interests
interests of
of
18
19 19 the public" under the public" all circumstances.
under all circumstances.99GCA GCA§§ 80.66(a)(2).
80.66(a)(2).
20 20 The Supreme Court of Guam held that "probation is Supreme Court is aa favor favor granted
granted by the
the state,
state, not a
21 21 right to which a criminal defendant defendant isis entitled."
entitled." People v. Camacho, 2009 Guam Guam 66 1] 26 (quoting
,i 26 (quoting
22 Parker v.
v. State,
State, 676 N.E.2d
N.E.2d 1083, 1085(Ind.
1083, 1085 (Ind.Ct.
ct. App.
App. 1997)). To revoke
revoke aa defendant's
defendant's probation,
23 23 24 the court must make make two determinations. First, First, the
thecou1"t must"make
court must "make a factual factual determination that 24
25 25 a violation violation of ofaacondition
condition ofofprobation
probation has
has actually
actually occurred."
occurred." Camacho,
Camacho, 2009 Guam
Guam 66 1127
,i
26 26 (quoting Parker, 676 676 N.E.2d 1083
1083 at 1085). If the
1085). If the violation
violation isis proven,
proven, then
then the
the court
court must
must
27 . . . u n .
if the violation
"determine If warrants revocation vlolatlon warrants revocation of probatlon." Id of probation." Id
28 28
Decision Decision &
& Order
Order Re.
Re. People's
People's Motion
Motionto
toRevoke
RevokeDefendant's
Defendant's Probation
Probation && Impose
ImposeJail
Jail Sentence
Sentence
People v. Robinson aka Chamberlin, Chamberlyn, CF0656-19
CF0656-19 & CF0240-18
CF0240-18
Page ll of Page 11 of 16
A. Defendant DefendantRobinson
Robinson violated
violated the
the conditions
conditions of his probation.
1
2 The standard for determining whether a probationer violated a condition condition of
of probation is
3 that "the evidence evidence and the
the facts
facts be such as reasonably necessary to to satisfy
satisfy the
the judge that
that the
4 4 conduct has not been as probationer's conduct as required required by
by the
the conditions
conditions of
of probation." Camacho, 2009 5 ~ 30
Guam 66 11 (quoting People 30 (quoting p l vv. Angoco, ngo 1998 Guam
Guam 10 ~ 7).
10 11 7). When facing revocation, revocation, ""the
6
7 defendant bears bears the
the burden
burden of
of showing
showing an excuse for failure failure to
to comply with the condition." Id.
Id
7
8 (quoting Statee v.. Peters, Pet er 609 A.2d 40,
40, 43
43 (N.J.
(NJ. 1992)).
9 For both cases, the
the Defendant
Defendant accumulated
accumulated a total
total of
of twenty-six
twenty-six violations:
violations: eighteen
eighteen
10 violations in CF0240-18 and and eight violations in
in CF0656-19.
CF0656-19. The
The court
court can
can factually
factually detennine
determine
11 that all that all these these violations
violations actually
actually occurred
occurred after
afterreviewing
reviewing the
the court's
court's record
record of events in both
of events
12 12
13 1 matters. For instance, the record supports the court's factual matters. factual determination determination that
that the
the Defendant
Defendant
14 14 lacked lacked contact contact with
with Probation, was absent absent at required court hearings, hearings, and tested positive positive for
for illegal
illegal
15 15 controlled substances.
substances. As
As seen in the court's review of of all
all his
his violations
violations above,
above, the
the Defendant
Defendant
16 16 himself either justified justified his
his violations
violations in open court or admitted admitted to them through
through his written
written
17 17
18 declaration. 18
19 19 Based Based on
on the violation reports, Probation's testimony at the Revocation Hearing, and the
20 20 parties' arguments, parties' arguments, the the court
court finds
finds that
that the Defendant violated multiple conditions of of his probation
21 on several occasions.
22 B. Defendant DefendantRobinson's
Robinson's violations
violations warrant
warrant revocation
revocation of probation.
23
24 24 With regard to probation revocation, the Supreme Court of revocation, the of the United States has noted
25 25 that "the State clearly clearly has
has an
an interest
interest in
in punishment
punishment and
and deterrence,
deterrence, but
but this interest can often be
26 26 sewed served fully fully by
by alternative
alternative means ...
...[T]he
[T]hestate
stateisisnot
notpowerless
powerlesstoto enforce
enforce judgments
judgments against
against
27 . . .
those financially unable to pay a fine. For For example,
example, the
the sentencing court could extend the the time
time for
for
28
Decision Decision &
& Order
Order Re.
Re. People's
People's Motion
Motionto
toRevoke
RevokeDefendant's
Defendant's Probation
Probation && Impose
ImposeJail
Jail Sentence
Sentence
People People v. Robinson
Robinson aka
aka Chamberlyn,
Chamberlin, CF0656-19 & CF0240-18 CF0240-18
Page Page 12 of 16 making making payments, payments, or
or reduce
reduce the
the fine,
fine, or
or direct
direct that the probationer perform some form of of labor
labor or
1
22 public service in lieu of the fine." Bearden v.
v. Georgia,
Georgia, 461 U.S. 660, 671-72 (internal (internal citations
3 and quotations omitted). 4 As mentioned
mentioned earlier, the court earlier, the com may
mayrevoke
revokeprobation
probationififititfinds
finds that
that the
the probationer
probationer has
5 "inexcusably "inexcusably failed failed to
to comply
comply with
with aa substantial requirement requirement imposed
imposed as
as a condition
condition of
of the order." 97
6
99 GCA GCA §§ 80.66(a)(2). In other 80.66(a)(2). In other words, words, aa violation
violation warrants
warrants revocation
revocation of
of probation
probation when
when it upsets
it upsets
7
8 the intent of the probationer's conditions. In Camacho, Camacho, the Supreme Court of of Guam held that the
9 probationer's failure to report failure to report for
for drug
drug testing
testing was serious
serious enough to warrant revocation when 10 10 considering the considering the condition being violated violated was
was treatment. Camacho, 2009 Guam treatment. Camacho, Guam 66 1]
,i 32.
32. The
11 11 Supreme Court of of Guam also reasoned that the Defendant's Defendant's failure
failure to pay a fine alone was not as 12 12
13 13 serious as not reporting serious as reporting for drug tests, tests, because
because the defendant
defendant was
was convicted
convicted of
of drug-related
drug-related
14 offenses and had drug testing listed as a condition of probation to to ensure
ensure the
the defendant
defendant remained
15 15 sober. Id sober. Id.
16 16 . Unlike the
the probationer
probationer in Camacho,
Camacho, all of
of Defendant Robinson's
Robinson's probation
probation conditions
conditions
17 17 18 remain outstanding, including treatment outstanding, including treatment with with Guam Behavioral Health and Wellness Wellness Center,
Center,
18
19 19 community community service, service, fines and
and court
court costs, and sober-support meeting meeting attendance. See
See Revocation
20 20 Hr'g Hr'g Mims. at 10:13:50-14:20AM (Nov. 19, Mins. at 19, 2024). During the Revocation Hearing, the People 21 argued that the the Defendant
Defendant does not
not appear to be a good
good candidate for additional years of of probation
22 when consider ing his pr considering previous behavior behavior when
when rreleased
eleased on
on prprobationary
obationar conditions.
conditions. Id.
Id. at
at
23
10: 16:29-18:llAM. 10: 16:29-18: 5AM.Specifically, Specifically, he
he disobeyed
disobeyedthe
the laws
laws of
of Guam while released on court-ordered 24
25 conditions, which the conditions, which the Defendant Defendant expressed
expressed he
he understood.
understood. Id. In response response to the People,
People, the
26 26 Defendant recognized his drug problem problem and
and requested
requested that
that the court release him, so that he may 27 have time to do treatment treatment on
on his
his own
own under
under traditional
traditional probation.
probation. Id. at 10: 18:36-20:35AM.
18:36-20:35AM.
28
Decision Decision & Order
Order Re.
Re. People's
People's Motion
Motionto
to Revoke
RevokeDefendant's
Defendant's Probation
Probation && Impose
ImposeJail
Jail Sentence
Sentence
People v.
v. Robinson
Robinson aka
akaChamberlyn,
Chamberlin, CF0656-19
CF0656-19 & CF0240-18
CF0240-18
Page Page 13 of 16
The substantial requirement imposed substantial requirement imposed as as aa condition in both
both cases was the Defendant's l
2 completion of oftreatment.
treatment. When
When imposing
imposing treatment
treatment as
as a probationary condition, the purpose probationary condition, purpose of of
3 doing so is to achieve achieve sustained
sustained sobriety for a defendant. However, sobriety defendant. However, sobriety becomes becomes unattainable
unattainable
4 . . . .. . .
without the right support. without support. The The court
court gave
gave the
the Defendant
Defendant multiple
multiple opportunities
opportunities before
before considering
consldenng
5 revocation, such as revocation, such as providing providing him with support in the support in the Adult Drug Drug Court
Court as
as an
an alternative
alternative to
6 6 7 imprisonmentatatDOC.
imprisonment DOC. In addition, the court addition, the released him court released him on several several occasions, giving the occasions, giving the
7
8 Defendant several chances to complete his probationary conditions like treatment. The court does
9 9 recognize recognize that that the Defendant had aa period period of progression in the Adult Adult Drug
Drug Court
Court in
in 2019
2019 where
10 10 u . . . . .
he consistently tested negative, earned incentives for for his
his progress,
progress, and
and phased
phased up in the
the program.
program.
11 II But since then, Defendant Robinson has been charged in three subsequent criminal cases, subsequent criminal cases,failed failed
12 12
13 13 to report upon his release from from confinement,
confinement, and
and has
has all conditions
conditions outstanding
outstanding in
in this
this 2018 case.
case.
14 14 While While the the court
court is aware of the difficulties difficulties in
indealing
dealingwith
withaddiction,
addiction, the
the Defendant
Defendant cannot
cannot expect
15 15 to overcome overcome his his addiction
addiction ififhe
he will
willnot
notput
putin
inthe
the effort
efforttotoattend
attendand
and complete
complete treatment
treatment programs
16 provided to him. provided 17 17 Unless the court determines determinesthat
thatrevocation
revocation"will
"will best
best satisfy
satisfy the
the ends
ends of
of justice
justice and
and the
18 18
19 19 best interests of the public"
interests of public" under under all
all circumstances, the court circumstances, the court shall shall not
not revoke probation for
20 violating aa probationary violating condition. 99 GCA probationary condition. GCA §§ 80.66(a)(2).
80.66(a)(2). As
Asmentioned
mentionedearlier,
earlier, the
the Defendant
Defendant was
was
21 subsequently chargedininthree subsequently charged threenew newcriminal
criminalcases;
cases,two
twobeing
being for
for Possession
Possession of
of Schedule II
Schedule II
22 22 Controlled Substance Controlled Substance(As (As aa 3rd Degree Felony).
Felony). While
While the
the Defendant
Defendant believes
believes that
that he can
can
23
24 independently complete treatment treatment if
if allotted
allotted more time on
on probation, his lack of of progress over the
24
25 25 past past six years and additional additional possession
possession cases
casesshow
showthat
thathe
heisis incapable
incapableof
of doing
doing so. In
In Guam,
Guam,
26 26 DOC provides provides a Residential Residential Substance
SubstanceAbuse
AbuseTreatment
Treatment("RSA
("RSAT")
T")program
program for
for its
its inmates
inmates who
27 u . . .
are battling are battling addiction.
addlctlon. Rather than
than leave
leave the
the Defendant to seek
seek treatment
treatment on his own,
own, the
the court
court
28
Decision Decision & Order
Order Re.
Re. People's
People's Motion
MotiontotoRevoke
RevokeDeflendant's
Defendant's Probation
Probation && Impose
Impose Jail
Jail Sentence
Sentence
People v.
v. Robinson aka Chamberlyn, Robinson aka Chamberlin, CF0656-19 & CF0240-18 CF0240- l 8
Page Page 14 of 16 believes believes that that it is in the best interests of the public and will best satisfy the ends of of justice
justice to allow
1
22 DOC's DOC's supervision supervision and
and assistance
assistance of the Defendant on his path to recovery through the RSAT
3 program. 4 Because the Defendant
Defendant has
has inexcusably
inexcusably failed
failed to comply
comply with
with treatment
treatment as
as aa substantial
substantial
5 condition condition of of his probation, the court finds finds that
that revocation
revocation of
of Defendant
Defendant Robinson's
Robinson's probation will 6
7 best satisfy the ends of of justice and the best
best interests of
of the public. Therefore, the court grants the 7
88 People's People's Motion Motion to
to Revoke
Revoke the
the Defendant's
Defendant's Probation
Probation and
and Impose
Impose Jail Sentence.
99 m \\ 10 10 \\ 11 11 \\ 12
13 13 \ \\
14 14 \\ \\ 15 15 \ \\ 16 16 \\ 17 17 \\ 18 18
19 19 \\ 20 \\ \\ 21 21 \\ \\ 22 22 \\ 23 23 24 24 \\\ 25 25 \\
26 26 \\\ 27 27 \\ 28 28
Decision Decision && Order
Order Re.
Re. People's
People's Motion
Motionto
toRevoke
RevokeDefendant's
Defendant'sProbation
Probation && Impose
ImposeJail
Jail Sentence
Sentence
People v. Robinson aka
aka Chamberlyn, CF0656-19 CF0656- l &
& CF0240-18
CF0240-18
Page Page 15
15 of
of 16
CONCLUSION
1
2 For the reasons stated above, the Court hereby REVOKES the Defendant's Defendant's probation in
3 CF0240-18 CF0240-18 and CF0656-19.
CF0656-19. For CF0240-18, CF0240-18, the
the Defendant is hereby SENTENCED to serve 4 . u . . .
THREE (3) years years of
of incarceration
incarceration at the Department of Correctlons, Mangilao, of Corrections, Mangllao, and shall receive receive
5 credit edit for for t ime aalready
lr ea dy sserved
er ved in
in t this
his ma t t er . FFor
matter. or CCF0656-19, F 0 6 5 6 -1 9 , t he Defenda nt is Defendant is her eb y
hereby
6
7 SENTENCED to serve THREE (3) years of of incarceration at the Department of of Corrections,
Corrections,
8 Mangilao, to run concurrently with his sentence in CF0240-18, and shall receive credit for time
9 already served sewed in
in this
this matter. The Court shall issue a Judgment Judgment concurrent with this Decision and 10 10 Order revoking the Defendant's probation revoking the and imposing probation and imposing the remainder remainder of the Defendant's Defendant's
11 11 sentence. sentence.
12 12
13 1
14 14 No further proceeding is scheduled before this court. 15
SO ORDERED this
this FEB 117 2025 FEB 2025
16 16 -----------
17 17
18
19 19
20 20
21 C~---
·- -..
HONORABLE ATBERTO Judge, Superior
2.
ALBERTO E. TOLENTINO
Superior Court of Guam
)
Q.
22
23 23
SERVICE VIA EMAIL SERVICE VIA
24 24 I acknowledge that an electronic acknowledge that copy of the original was
was e-mailed
e-mailed to:
to:
25
26 RQ, e:eo Et:Gi rFHOO
27 Date: 3~((1'1'1,-" Date: ·~ m e : 'Z' (IP:/w
Pg/Aww Q 'I"()-.........
28 Deputy Clerk, S nor Court of Guam
Decision Decision &
& Order
Order Re.
Re. People's
People's Motion
MotiontotoRevoke
RevokeDefendant's
Defendant'sProbation
Probation && Impose
ImposeJail
Jail Sentence
Sentence
People People v.
v. Robinson
Robinson aka Cham berlyn, CF0656-19 Chamberlyn, CF0656- I & CF0240-18 CF0240- l
Page Page 16 of 16