People v. Sablan

Opinion

L .s~ FILED CLERKGF CLERK OFCOUgh:{§ COURT

11 202~ AUG 29214 AUG~9;.g PH I: a34n 2 SUPERIOR coiR*§' SUPERIOR COURT IN THE THE SUPERIOR SUPERIORCOURT COURTOFOF GUAM"EAJ OFOF GUAM GUAM GUAM@ 3

4 PEOPLE OF GUAM, Criminal CriminalCase Case No. No. cF0095-22 CF0095-22 GPD Report GPD Report Nos. Nos. 21-18684 21-18684 I21-18686 / 21-18686 // 5 v. v. 21-31953

6 SEGUNDO AGUERO SABLAN, DECISION AND ORDER DOB: 10/09/1994 GRANTING 7 THE PEOPLE'S MOTION 8 Defendant. TO REVOKE PROBATION

9 INTRODUCTION 10 10 This matter matter came came before before the the Honorable Honorable Alberto Alberto C. Lamorena, Lamorena, III on on June June 7, 7, 2024 for aa 11 11 evocation Hearing 12 Revocation Hearing in in the the above-captioned above-captioned matter matter related related to Segundo Aguero to Segundo Aguero Sablan's Sablan's 12 ("Defendant's") 13 ("Defendant's") failure failure toto abidebybyhis abide hisprobationary probationaryterms. terms.Defendant Defendantwas wasrepresented represented by by Assistant Assistant 13 14 Public 14 ublic Defender Defender Jocelyn Jocelyn Roden. Roden. The ThePeople PeopleofofGuam Guamwere wererepresented represented by byAssistant Assistant Attorney Attorney

15 General 15 General Leta Womack. Womack. duly considered Having duly considered the the Parties' Parties' briefs, briefs, oral oral arguments, arguments, and and the the 16 applicable 16 applicable law, law, the the Court Court now now issues issues the the following Decision Decision and and Order Order Revolting Revoking Defendant's Defendant's 17 robation. 17 Probation. 18 18 BACKGROUND 19 19 20 20 On February On February 6, 6, 2023, 2023, Defendant Defendant pled pled guilty guilty to to two counts counts of Possession of a Schedule Schedule II

Controlled Substance 21 Controlled 3rd Degree Substance (as aa 3rd Degree Felony) and one Felony) and one count count of of Possession Possession of ofan an Unregistered Unregistered

irearm (as 22 Firearm 3rd Degree (as aa 3rd Degree Felony). See Judgment Judgment of of Conviction Conviction (Mar. (Mar. 28, 28, 2023). Ajudgment 2023). A judgment was was 23 entered imposing 23 entered imposing the the following relevant conditions following relevant conditions of ofprobation: probation: 24 • ~.MANDATORY • MANDATORY REPORTING: shall report REPORTING: Defendant shall report to to the theAdult AdultProbation ProbationOffice Office 25 once a month in person, or as person, or as ordered ordered by by the the Court Courtor orthe theProbation ProbationOffice. Office. 26 • LAWS: shall obey all federal S Defendant shall federal and and local local laws of Guam. Guam. 27 • FINE: Defendant shall FINE:Defendant shall pay a fine often flne of ten thousand thousand dollars dollars ($10,000.00) ($10,000.00) plus court 28 costs of eighty dollars dollars ($80.00). Defendant shall ($80.00). Defendant shall pay pay no no less less than than two hundred twenty Decision Decision and Grantingthe and Order Granting thePeople's People's Motion Motion to Revoke Probation Probation CF0095-22,People CF0095-22, PeopleofofGuam Guamv.v.Segundo SegundoSerbian Sablan Page 11 of ofS5 I I S ll

11 dollars ($220.00) ($220.00) per per month month following Defendant's release following Defendant's release from from the the Department Department of of

2 2 Corrections. Corrections. IfIffinancially financiallyunable unableto topay paythis this fine, fine, all allbut but seven seven hundred fifty dollars hundred fifty dollars

3 ($750.00) may be converted to community ($750.00) community service at at the prevailing minimum minimum wage

4 rate. The rate. Theseven sevenhundred hundred fifty dollars($750.00) my dollars ($750.00)must must be be paid paid in in full prior prior to the end of of

5 the supervision time period.

6 • shall completethree hundred (300) hours of COMMUNITY SERVICE: Defendant shall

7 under the community service under thedirection directionof of the theAdult AdultProbation ProbationOffice. Office. All All or part of

8 the community service imposed may be converted into a fine at at the current prevailing prevailing

9 minimum wage. mm1mum wage.

10 10 • COUNSELING/TREATMENT: Defendant shall attend attend and successfully complete and successfully 11 twenty-four twenty-four (24) (24) self-help self-helpmeetings meetingsunder under the the direction direction of ofthe the Guam Guam Behavioral Health 12 12 and Wellness Wellness Center Center(GBHWC). (GBHWC).

13 13 • COUNSELING/TREATMENT: Defendant shall COUNSELING/TREATMENT shall attend attend and successfully successfully complete 14 14 and and drug drug and/or alcohol counseling and/or alcohol program recommended counseling program recommendedby by the the Court Court after after 15 15 assessment assessment atatGBHWC GBHWC at at no no cost cost to to the the Defendant. Defendant. Defendant shall shall diligently diligently report 16 16 to GBHWC GBHWCfor forintake intakeand and assessment within seventy-two (72) hours assessment within hours from from his release 17 17 from the Department Departmentof of Corrections. 18 18

19 19 On May 18, 18, 2023, Violation Report 2023, a Violation Report was was filed filed indicating indicatingthat that Defendant Defendant had failed to report

20 too the the Adult Probation Office. Office. See First Violation Violation Report Report (May (May18, 18, 2023). 2023). Defendant Defendant hadn't hadn't reported

21 toothe theAdult AdultProbation ProbationOffice Officesince sinceFebruary February2023, 2023,despite despitebeing beingordered orderedto toreport reporton on aa monthly basis. 22 Id. 22

23 Another Another Violation ViolationReport Reportwas wasfiled filedlater laterthat thatyear, year,indicating indicatingthat thatDefendant Defendanthad had been been arrested arrested 24 and and indicted indicted in in CF0602-23, CF0602-23, where he's he's currently currently charged charged with with Possession Possession of of aa Concealed Concealed Firearms Firearms

25 Without ithout aa Valid Valid Firearm's Firearm's Identification 3rd Degree Identification Card (as aa 3'd Degree Felony) Felony) and and Possession Possession of an an

26 Unregistered nregisteredFirearm Firearm (as 3rd Degree (as aa 3rd DegreeFelony). Felony). See Second Violation Violation Report (Sep. 22, 2023). 2023). It It was was

27 also also made made known that thatDefendant Defendantwas wasactively activelyviolating violating several severalof of his hisprobation probationconditions. conditions.Id. Ll. These

28 violations iolationsinclude includefailing failingtotomake makeany anypayments payments towards towards his fine and court costs, and court costs, failing failing to complete

Decision Decision and and Order Granting the People's People's Motion Motion to Revoke Probation CF0095-22, CF0095-22, People People of ofGuam Guamv.v. Segundo Segundo Serbian Sablan Page 2 of5 L u - " I:

11 any anycommunity community service service hours, hours, failing failing to to attend attend any of of his his "self-help" "self-help"meetings, meetings, and and failing failing to to attend attend

andsuccessfully 2 and successfully complete complete aa drug drug rehabilitation program. Id.

3 February 6, On February 6, 2024, 2024, the the People People filed filed their Motion to Revoke Revoke Defendant's Defendant's Probation Probation and and

4 Impose 4 mpose Jail Jail Sentence Sentence ("Motion"). ThePeople ("Motion"). The Peoplebase basetheir theirequest requeston on Defendant's Defendant's felony felony indictment indictment 5 ·n CF0602-23 and his in his numerous numerousother otherprobation probationviolations. Motion (Feb. violations. See Motion (Feb. 6, 6, 2024). 2024). 6 On June On June 7, 7, 2024, 2024, the Court held a Revocation Revocation Hearing Hearingand and subsequently subsequently took took the the matter matter 7 8 under nder advisement. advisement. See Minute Entry Entry (Jun. 7, 2024). (Jun. 7, 8

9 DISCUSSION

10 10 specifies the Guam law specifies the procedures that thatthe theCourt Courtmust mustfollow follow for for revocation of of probation.

11 The 11 herelevant relevantstatute, statute, in in its entirety, states statesas asfollows: follows: la 12 [T]he [T]he court, court, ififsatisfied satisfied that that the the offender offender has has inexcusably failed to inexcusably failed to comply with a 13 13 substantial requirementimposed substantial requirement imposed asasa acondition conditionofof the the order order may may revoke the the suspension suspension or or probation probationand andsentence sentenceororre-sentence re-sentencethetheoffender. offender.Violation Violation of of aa 14 condition shall shall not result in in revocation, revocation, however, however, unless unless the the court court determines determines that that 15 revocation under under all all the circumstances circumstances then thenexisting existingwill will best best satisfy satisfy the the ends ends of 15 justice and the the best best interests interests of of the public. public. 16 16 See 9 See G.c.A. §§ 80.66(a)(2) 9 G.C.A. 80.66(a)(2) (1980). (1980). 17 17 The process for for revoking revoking an an offender's offender'sprobation probationhas has been been further further explained explained by the the Guam Guam 18 18 19 19 Supreme Supreme Court as asfollows: follows: r x

20 Probation Probation revocation revocation is is aa two-step two-step process. process. First, First, the the trial trial court court must must make aa factual factual determination thataa violation determination that violation ofof probation actually actually has has occurred. occurred. If If a violation is is 21 proven, then the the Court must must determine determine ifif the the violation warrants revocation of the warrants revocation the 22 probation.

23 See People of ofGuam Guam v. v. Camacho, Camacho, 2009 Guam 6 ,r 2009 Guam 'H27 27(internal (internalcitations citationsomitted). omitted).To To revoke aa

24 defendant's 24 defendant'sprobation, probation, evidence evidenceand andfacts facts presented presented to to the the Court Court must must be "reasonably necessary to 25 25 ' satisfy the judge that the probationer's conduct has not been as required by the conditions of satisfy the judge that the probationer's conduct has not been as required by the conditions of 26 robation." Id. at ,r1]30 probation." 30 ((citing v. Angoco, citing People v. Angoco, 1998 1998 Guam 10). 27

Decision Decision and and Order Granting the People's People's Motion Motion to Revoke Probation CF0095-22,People CF0095-22, People of ofGuam Guam v. v. Segundo Segundo Sabian Sablan Page Page 3 of5 n

11 The Court also cannot order order revocation revocation unless unlessthe theoffender offender is is provided provided with written notice

2 ofofgrounds 2 grounds for for revocation revocation of probation. See 9 G.C.A. ofprobation. G.C.A. §§80.68(a). 80.68( a).At Athe thehearing, hearing, the the offender offender shall shall 3 "havethe 3 "have theright rightto tohear hear and and controvert controvert the evidence against him, to offer evidence against evidencein offer evidence inhis his defense defense and and 4 5 toobe 4 berepresented represented by by counsel." counsel." Id. Should the theCourt Courtrevoke revoke an anoffender's offender's probation, probation, "it "it may impose 5 on the 6 on the offender offender any any sentence sentence that that might might have have been been imposed imposedoriginally originally for for the the crime crime of which which he 6 7 7 was convicted." See 9 as convicted." G.C.A. §§ 80.66(b). 9 G.C.A. 80.66(b).

8 It remains remains undisputed that Defendant undisputed that Defendantviolated violated his probation probation conditions conditions and and that that there is

9 probable 9 robable cause cause to to support support the violations. Since Sinceentering enteringprobation, probation,Defendant Defendanthas has been been arrested arrested 10 10 and indicted indicted in CF0602-23 CF0602-23 on on two two new new felony felony gun charges. charges. Defendant Defendant has has also failed failed to to make make any 11 11 progress rogress on on paying off offhis his fine, fine, completing completing his his community community service, service, or or attending his "self-help" attending his "self-help" 12 13 meetings. eetings. 13

14 14 Having found found that that Defendant Defendant was in in violation violation ofofhis hisprobation probationrequirements, requirements, the the next next

15 15 question question the the Court Court must resolve is whether "revocation must resolve "revocation under under all the circumstances .. . will circumstances ... will best best 16 16 . . | | satisfy the ends endsof ofjustlce justice and the best and the bestinterests interestsof ofthe pubic." See 9 thepublic." G.C.A. §§ 80.66(a)(2). 9 G.C.A. 80.66(a)(2). 17 17 Based on a review review of ofthe therecord, record,ititisisclear clearthat thatDefendant Defendanthas has exhausted exhausted the the trust trust of the the 18 1; Court Courtby byviolating violatinghis hisprobationary probationaryconditions. conditions. Defendant's Defendant'sviolations violationsbegan beganshortly shortlyafter after entering entering 19 20 20 probation. robation. Defendant failed to Defendant failed to report to the Adult Probation report to Probation Office Office just just one one month month into into his his

21 probation, robation, suggesting he's incapable suggesting he's incapableof of following following this this condition moving forward. forward. Defendant Defendant also

22 faces 22 facesnew newtwo twonew newfelony felonycharges chargesin in CF0602-23, CF0602-23, establishing disregardtowards establishing his clear disregard towardsfollowing following 23 court orders or the the laws laws of Guam. 24 Were probation Were probation continued, continued, it appears unlikely that appears unlikely any significant that any significant progress would be made 25 26 in ·n positively positivelyaltering alteringDefendant's Defendant's behavior behavior and and ensuring ensuring compliance compliance with with the the Court's Court's orders. orders. 26 27 Therefore, herefore, 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 of

28 justice. See 9 GCA § 80.66(a)(2).

Decision Decision and and Order Granting the People's People's Motion Motion to Revoke Probation CF0095-22,People CF0095-22, People of ofGuam Guam v. Segundo Segundo Serbian Sablan Page 4 ofS5 1 1 CONCLUSION 2 the reasons stated above, the Court hereby REVOKES the Defendant's For the For probation in Defendant's probation in the 3 above-captioned matter. 3 above-captioned 4 Defendantisishereby The Defendant herebySENTENCED SENTENCED as follows: follows: 5 5 • • Defendant is sentenced sentenced to three (3) years years incarceration, incarceration, at the Department Department of 6 Corrections, Mangilao with with credit for for time served. 7 After the After the completion completion of ofthe the Defendant's Defendant'ssentence sentence the the Court Court shall shall close close the above-captioned 8

9 case. 9 case. 10 10 IT Is so ORDERED this Aughs t 024 Al 11 11

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13 13 HONORABLE ALBERTO ALERTO c. C. LAMORENA LAMORENA III Presiding Judge, Superior Superior Court of Guam 14 14

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Decision Decision and and Order Granting the People's People's Motion Motion to Revoke Probation CF0095-22, CF0095-22, People People of ofGuam Guamv.v. Segundo Segundo Serbian Sablan Page Page 5 of5