People v. Sablan

Superior Court of Guam

People v. Sablan

Superior Court of Guam·Decided December 4, 2012·No. CF0713-10·Unknown

Opinion

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1~-l.t.t~..~t-~~vH COURT OF GUAM , (' I r. ::-:>< ,' i;': f : OURI CF071;"';~' " - ... .....- -

2 PEOPLE OF GUAM ,

\ ) Criminal Case No.:

) GPD Report 1'0. )

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vs. )

) STIPULATION AND ORDER TO

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MARY AGClGUI SABLAN, ) MODIFY SE:-,JTENCE ) (Termination from Adult Drug Coun)

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Defendant. )

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2 Come now the parties to stipulate to modify the Defendant's sentellce to the following:

That as to the Charge of POSSESSION OF A SCHEDULE II CONTROLLED

SUBSTANCE (as a Third Degree Felony) as contained in the Indictment filed in Superior

Court Criminal Case No. CF0713-1O, the Court's acceptance and entry of the Defendant's guilty

plea shall be deferred for a period of five (5) years for the charge, and subject to the terms ancl

conditions set forth below;

a. Defendant shall serve threc (3) years imprisonment at the Department of

COlTections , with credit for time served. This period of incarceration shall he

suspended, subject to the terms and conditions of probation set forth below:

b. The Defendant agrees to termination from Adult DlUg Court;

17 c. The Defendant agrees to be sentenced to a five-year first offender plc:.t ,

0 18 d. That any dismissal of this case shall not include expungement;

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e. The Defendant agrees that all sanctions occurred during Adult Drug court

shall not court towards any fines, community service, or restitution owed ;

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t' t:\--oil ,.,,., 21 f. The Defendant shall receive credit for any fine incarceration. community fa"t~ 22 service and restitution paid during thi s time in Adult Drug COLlI1, that did nOl ~~ M:J-

.~~ 23 (~~~ occur due to sancti ons ;

-J~~~ 24 ", .ff~ \~ .. 25 1ll\"' g. tJ J\:ri m",a l\'3I'I ~n, mary aglligUl·Cl954R\stip aml order \0 tJ1(xlify setltenec teml of adc,docxsak '\ r,j\.,.-

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g. That Defendant shall pay a fine of five thousand dollars ($SJ)OO.OO), plus court

, costs. to be paid to the Drug Treatment and Enforcement Fund. pursuant to 9 2 GCA § 67.40] .12 and 80.31.1, and to be paid monthly starting the first month 3 folhwilng Defendant's guilty plea or the first month following Defendant's 4 release from Department of Corrections, \vhichever is the latter. If financially 5 unable to pay a fine, said fine may be converted to community servIce hours 411 6 "'t the prevailing minimum wage rate;

IU 7 § h. That Defendant shall perform one hundred fifty (I SO) hours of community

service work at the direction of the Alternative Sentencing Office. Thai the

Defendant shall perform no fewer than (5) hours of community-service work

each month following Defendant's release from Department of corrections.

whichever is the latter. That the Defendant shall receive two (2) hours credit

of community service for each one (1) hour of counseling completed by the

Defendant;

1. That Defendant shall enroll and attend a drug rehabilitation program at thc >:.. >- Department of Mental Health and Substance Abuse or any other drug ~ 16 rehahilitation program approved by the Superior Court. Defendant shall 17 receive two (2) hours credit towards community sen'Jce for each hour of 18 counsel ing Defendant attends:

19 J. That during the course of Defendant' s participation, sanctions up to and 20 including days of incarceration at the Department of Concctions may be 21 imposed as sanctions. Days of incarceration imposed as ~anctions for '")7

violation of program requirements will not be credited as time served pursuant 23 to 9 GCA ~ 80.46:

k. That defendant shall be placed on a speCIal probation term of five (5) years.

which shall commence upon Defendant's guilty plea or release from 2 Department of Conections whichever is the latter, provided that the Defendant 3 complete the following conditions:

4 1. Defendant shall attend and successfully complete any drug and/or 5 alcohol counseling program recommended by the Court after 6 "t assessment at the Department of Mental Health and Substance Abuse ;B 7 '2 at no cost to the Defendant. Defendant shall diligently report within

two weeks from either his release from the Department of Correccions

or him guilty plea whichever is the latter;

11. Defendant shall report to the Probation Office three times per week or

as ordered by Court, and at those times will take a drug (cst if

requested. Failure to take the drug tests, if requested. will be

considered a violation of probation. Defendant will report to Probation

for his initial intake within two working days of his relea~(' from the

Department of Corrections or his guilty plea. whichever is the latter;

16 111. Defendant shall perform one hundred fifty (150) hours of community 17 service work at the directions of the Alternative Sentencing Office.

18 Defendant shall perform no fewer than five (5) hours of community 19 service work each month commencing upon the first month following 20 Defendant's guilty plea or the first month following Defendant' s 21 release from the Department of COITcctions, which is the latter 22 Defendant shall receive two (2) hours credit toward" community 2J service for each one hour of counseling completed by the Defendant:

IV. Defendant stipulatc:-, to forfeIt any contraband and cash seized to the

Guam Police Department for Drug Training. and all other nOI1-

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contraband personal items will be returned to the Defendant:

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v. Defendant stipulates to forfeit any contraband and cash seized to the

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Guam Police Department for Drug Training, and all other 1101l-

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contraband personal items will be returned to the Defendant:

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-ct V1. Defendant shall stay a\vay from all firearms and other deadly weapons, 2

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::::l and under no circumstances is he to possess. calTy, transfer. or usc any

firearms;

VII. Defendant shall forfeit him Guam Firearm Identification Card if he

possesses one and shall not apply for one in the event he docs not

possess one;

Vill. Defendant is to surrender his passport, if any, to the Probation Office:

IX. Defendant shall not leave Guam wit.hout the approval of the Court or

Probation office, with prior notice being given to the Office of the

Attorney General, Prosecution Division:

X. Defendant shall not possess or consume any illegal controlled 17 substances;

18 Xl. Defendant shall submit to random drug testing under the supervision of 19 the Probation Office:

20 XII. Defendant shall not consume any alcoholic beverages;

21 XIII. Defendant shall submit to random alcohollesting under the supervision

of the Probation Office;

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25 m"\wg-lal\:nnll11al\"ahlan. mar)' Jguig1lJ~99548\stlp and order 10 modlfy sentence. term of mk.docxsafc

xiv. Defendant shall permit Probation Officers or police officers to search

his person, automobile, and residence or room where he 1\ resiclll1g. for 2 firearms. alcohol. and illegal controlled suhstances at any time sllch a

search is requested. Failure to allO\v such a search will be considered a 4 violation of probation. Defendant and his attorney stipulate that a 5 presumptive positive fieJd test for drugs. including the Roche Cup or 6 On Tract 'Test Systems, will be considered conclusive evidence or a

probation violation:

xv. Defendant shall make good faith efforts to obtain and maintain legal

employment or continue in school:

XVI. Defendant shall obey all federal and local laws of Guam; and

xvii. Defendant shall abide by any other reasonable conditions imposed by

the Court or the Probation Office.

xviii. Failure of the Defendant 10 follow all of his conditions of supervised

probation will result in a hearing to revoke probation at which time the

Court may impose the maximum sentence in this case pursuant to

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