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

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

28

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

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 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

12 12

13 13 HONORABLE ALBERTO ALERTO c. C. LAMORENA

LAMORENA III

Presiding Judge, Superior Superior Court of Guam

14 14

15 15

16 16

17 17

18 18

19 19

20

21

22

23

24

25

26

27

28

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