People v. Sablan

Opinion

F \LED, _ CLERK cLE° RKOF OF coURl COURT 1 ?.01~AUG Vm ~UG -1 PM 3: -1 PH 3: 1\9 1' 9 2 SUPERIOR COURTT SUPER\OR OF YFGUAM GUAM il (1\ 3

4 IN THE SUPERIOR SUPERIOR COURT OF GUAM 5

6 PEOPLE OF GUAM, PEOPLE GUAM, 7 Criminal CriminalCase Case No. No. CF0183- CF0183-13/CF0055- Plaintiff, 18/CF0160-20 18/CFO l 8 GPD Report ReportNo.: No.:13-10111/18-02796/20-06798 13-10111/18-02796/20-06798 vs. 9

110 DONOVINE MANUEL SABLAN, DECISION DECISION & ORDER DOB: 06/05/1991 or 12/11/1991 06/05/1991 or 12/11/1991 (Revocation of Probation) 11

12 Defendant. Defendant 13 INTRODUCTION 14 This matter camebefore matter came beforethe theHonorable HonorableAlberto Alberto E. E. Tolentino on on January January 25, 2024, 2024, for for a 15 Revocation Hearing. Hearing. Alternate Alternate Public PublicDefender DefenderPeter PeterSantos Santos appeared appeared for Donovine Manuel Manuel 16

17 Sablan ("Defendant"). ("Defendant"). Assistant Attorney General Kristine Borja appeared General Kristine for the appeared for the People People of

18 Guam ("People"). ("People"). After Aftertaking takingthe thematter matterunder underadvisement advisement on on January January 25, 25, 2024, the Court now 19 issues the thefollowing following order GRANTING GRANTING the thePeople's People'srequest requestto torevoke revoke Defendant's Defendant's probation. 20 BACKGROUND BACKGROUND 21 On On June 30, 2020, 2020,Defendant Defendantpied pledguilty guiltyto tothe thefollowing following charges: 22 •• In CF0160-20, through an information,the.First First Charge Charge of of POSSESSION POSSESSION OF OF·. 23 A SCHEDULE SCHEDULEIIIICONTROLLED CONTROLLED SUBSTANCE SUBSTANCE (As(As a 3rd a 3rdDegree Degree Felony). Felony). •• In CF0160-20, through through an information, information, the Second Second Charge Charge of RESISTING RESISTING 24 AREST AREST(As (Asaa Misdemeanor). Misdemeanor). 25 •• In CF0055-18, the First First Charge Charge of of POSSESSION POSSESSION OF OF AA SCHEDULE SCHEDULE II CONTROLLED SUBSTANCE (As a 3rd Degree rd CONTROLLED SUBSTANCE (As a 3 Degree Felony). Felony). 26 Plea Plea Agreement, Agreement, June June 30, 2020. 2020. 27

28 Page Page 1 1 of 8 1 1 Based Based on the the terms terms of ofthe the plea pleaagreement, agreement, the the Court Court sentenced sentenced Defendant to the Defendant to the 2 following: following: 3 • • CF0160-20: As to the the First First Charge Charge of POSSESSION POSSESSION OF OFAA SCHEDULE SCHEDULE II II CONTROLLED SUBSTANCE (As a 3rd rd Degree CONTROLLED SUBSTANCE (As a 3 Degree Felony), the Defendant is Felony), the Defendant is 4 sentenced sentenced totothree three (3) (3) years years of imprisonment, imprisonment, all all but but ninety ninety (90)(90) days days 5 suspended, with credit for time time served. served. • • CF0160-20: CF0160-20: AAs s the thethe Second Second Charge Charge of RE RESISTINGTING ARRESTT (As aa 6 Misdemeanor), Misdemeanor),the the Defendant Defendant isis sentenced sentenced to to one one(1) (1)year year of of imprisonment, imprisonment, allall 7 suspended, with credit suspended, with credit for for time served, served, toto runrun concurrently concurrently with with the First Charge in CF0160-20. CF0160-20. . 8 • • CF0055-18: CF0055-18: AAs s to the First First Charge Charge of POSSESSION POSSESSIONOF OFAA SCHEDULE SCHEDULE II II C0NTR0LLED- CONTROLLED SUBSTANCE SUBSTANCE (As (Asa a3rd rd 3 Degree DegreeFelony), Felony), Def endant is Defendant is 9 sentenced sentenced totothree three (3) (3) years years of imprisonment, imprisonment, all all suspended, suspended, with with credit for 10 10 time time served, served, to run concurrent with CF0160-20. CF0J • 9 CF0183-13: CF0183-13: Defendant Defendant stipulates that in stipulates that in CF0183-13, the the court will will accept accept his 11 11 plea of GUILTY GUILTYand andenter enter judgment. judgment. Defendant Defendant isis sentenced sentenced to to three (3) years of imprisonment, all suspended, suspended, with with credit for time time served, served, to run concurrent concurrent 12 12 with CF0160-20. CF0160-20. 13 13 Id. The TheDefendant Defendantwas was also also sentenced sentenced to five (5) years yearsofofprobation probationunder under the the supervision supervision of 14 14 the Probation Office, Office, which which shall run run concurrent concurrent with with the probation to be served in CF0183- 15 15 16 16 Q. 13. Id. The TheCourt Courtimposed imposedthe the following followingconditions conditions:

17 17 1. 1. Defendant Defendantshall shallsubmit submitto to random random drug drug and and alcohol testing testing under under the supervision of the 18 18 Probation Office. Id. at Probation Office. at 3. 19 19 2. Defendant Defendant shall shall serve serve one hundred hundred fifty (150) (150) hours hours of of community community service, service, to run 20 concurrent in CF0160-20, CF0055-18, and CF0183-13. Id. at at 4. 21 3. Defendant Defendantshall shallenroll enrolland andattend attendaa drug drug rehabilitation rehabilitation program program under the the supervision of of 22 the the Guam Behavioral Health Guam Behavioral Health and and Wellness Wellness Center Center at at no no cost cost to to Defendant. Defendant. Defendant Defendant 23 shallrepon shaHreport within seventy two (72) seventy two (72) hours. Id. at at 3. 24 4. Defendant Defendantshall shallreport report to to Probation Probation Services Services at at least least three three times times per week week or or as as ordered 25 by the the Court, Court, and at those and at those times times will will take take a drug drug test test if if requested. requested. Failure Failure to take take a 26 requested drug drug test testwill will be considered a probation probation violation. violation. Id. at 3.

27 5. Defendant Defendantshall shallnot notpossess possess or or consume any illegal controlled consume any controlled substances. Id substances. Id.

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6. Defendant Defendant shall shall stay stay away away from from all allfirearms firearms and and other other deadly deadly weapons weapons and and shall shall not not 11 apply apply for one if if Defendant does not Defendant does not have have one. one. Id Id. Defendant Defendant shall shall forfeit forfeit Defendant's Defendant's 2 Guam Firearm Firearm Identification Identification Card Card if if Defendant has one Defendant has one and and shall shallnot notapply applyfor for one one if if 3 Defendant does doesnot nothave one. Id. haveone. Id 4 7. Defendant Defendantshall shallobey obeyall allocal localand andfederal federallaws, laws,and andshall shallnot notassociate associate with with any any persons persons 5 known to Defendant Defendantas asfelons. felons. Id. Id. 6 8. Defendant Defendant was was required required to pay a fine of of $5,000, $5,000, for each each charge charge plus non-convertible 7 court costs of eighty (80) (80) dollars. The fines fines shall run run concurrent concurrent with with each each other, other, 8 and the fine line in CF0183-13 shall run concurrent concurrent with the above fines. fines. Id. 9 Subsequently, AdultProbation Subsequently, Adult ProbationServices Services("Probation") ("Probation") filed six six violations violations against against the the 10 10 11 Defendant for probation violations, with with the sixth violation violation involving involvingaa criminal criminal charge charge resulting 11 12 in in the Court Court issuing issuingaaCommitment CommitmentOrder. Order.The Thefollowing followingviolations violations were were filed: filed: 12 13 1. 1. On OnJuly July10, 10,2020, 2020, Probation filed aa violation Probation tiled violationagainst against the the Defendant Defendant for for failure failure to to appear appear 13 14 , for for intake intake and processing processing on July July 10, 10,2020, 2020,and andfailure failuretotoreport reporttotothe theProbation ProbationOffice Office 14 15 three (3) times per week. 15 16 16 2. On OnAugust August7,7,2020, 2020, Probation Probation filed filedaa violation violationagainst against the the Defendant Defendant for for failure to report

l7 17 to the Probation Office Office three three (3) (3) times times aa week week via viatelephone telephone and and had had yet to to appear appear for lb 18 intake and processing. processing. 19 19 3. On OnJune June 3, 3, 2021, 2021, Probation filed filed aa violation violation against against the Defendant for failure to report to 20 the Probation Office Office three (3) times times per week week via via telephone. telephone. All Allattempts attempts to to contact contact the 21

22 probationer were unsuccessful. unsuccessful.

23 4. On OnJanuary January 4, 4, 2022, 2022, Probation filed a violation violation against against the Defendant Defendant for for failure to obey 24 all laws laws of ofGaunt. Gaum. On OnJanuary January 2, 2, 2022, 2022, aa magistrate magistrate complaint complaint was filed filed against against the the 25 defendant for the defendant for the charges chargesof of Theft Theft by by Receiving Receiving (As (As aa Second Second Degree Degree Felony) Felony) and and 26 Vehicle Vehicle without without Identification Identification (As (As aa Misdemeanor) Misdemeanor) in in CF0001-22. CF000l-22. 27

28 Page 3 of of 8 8 11 5. On OnAugust August22, 22, 2022, 2022, Probation Probation filed filed aa violation violation against against the the Defendant Defendant for failure failure to 2 report tO the report to the Probation ProbationOffice Office three three (3) (3) times times per week week after after being being released released from the the 3 Department of Corrections Department of Corrections on onAugust August9.9.2022, 2022,by byJudge JudgeAlberto AlbertoE.E.Tolentino. Tolentino. A A home 4 visit visit was was conducted conducted on August August 16, 16, 2022, 2022, and and the Defendant Defendant was instructed instructed to to report to 5

6 the ProbationOffice." the Probation Office.

7 6. On OnDecember December20, 20, 2023, 2023, Probation Probation filed filed aa violation violation against against the Defendant for: failure Defendant for: failure to 8 obey all all laws laws of ofGuam. Guam. On On December December19, 19, 2023, 2023, aa magistrate complaint was filed tiled against against 9 the Defendant for for the the charge charge of of Retail Theft Theft (As (AsaaMisdemeanor) Misdemeanor)in inCM0420-23 CM0420-23.. 10 10 On On January 25, 2024, January 25, 2024,the theCourt Courtheld held aa revocation revocation hearing, hearing, and the the People requested requested the 11 11 12 12 Court revoke revoke Defendant's Defendant's probation. probation. Minute Entry, Entry, January January 25, 2024. 2024. At At the the revocation revocation

13 13 hearing, the the Court took the the matter matterunder underadvisement. advisement.Id Id

14 14 DISCUSSION 15 15 Title 99 G.C.A. Title G.C.A. §§80.66(a)(2) 80.66(a)(2)provides provides "[a]t "[a]tany anytime timebefore beforethe the discharge discharge of of the the offender offender 16 16 or the the termination termination of the the period period of ofsuspension suspension or or probation probation .... the the court, court, ififsatisfied satisfied that that the 17 17 18 offender offender has has inexcusably failed failed to to comply complywith withaasubstantial substantial requirement requirement imposed as a condition 18 19 19 of the order of the revokethe may revoke order may thesuspension suspension or or probation probation and and sentence sentence or or re-sentence re-sentence the the offender.

20 20 Violationofofaacondition Violation conditionshall shallnot notresult result in in revocation, revocation,however, however,unless unlessthe thecourt court determines determines that that 21 u . . I . . . . revocation under revocation under all all the the circumstances circumstances then then existing existing will best satisfy will best satisfy the the ends ends of of justice justice and and the 22 best interests interestsof of the the public." public." When Whenaacourt court revokes revokes probation, probation, itit is is empowered empowered to to sentence sentence the 23 24 24 defendant to any defendant to any sentence that may sentence that may it it have originally originally imposed. imposed. 99 G.c.A G.C.A §§ 80.66(b). 80.66(b). The The

25 25 decision to revoke decision to revoke probation probation is discretionary, and there discretionary, and there isis no no bright-line rule for when bright-line rule when

26 revocation revocation is is appropriate. appropriate. United United States v.v. Gallo, Gallo, 20 F.3d 7, 7, 14-15 14-15 (1st (let Cir. 1994). 1994). 27

28 Page 4 of 8 1 1 The Supreme Supreme Court of Guam Guam has has held "probation is a favor favor granted granted by the the state, state, not a 2 2 right to which which aa criminal criminal defendant is entitled." defendant is entitled." People v. v. Camacho, Camacho, 2009 Guam Guam 66, 1126. 26. The 3 Supreme Court of Guam Supreme Court Guam reasoned that while reasoned that while probation "implicates a liberty interest," probation "implicates interest," the the 4 probationer probationer isis not not entitled entitled to to the the "full panoply panoply of ofdue due process process rights rights due due to to other other criminal criminal 5

6 6 defendants." Id. Probationers defendants." Probationersfacing facingpotential potential revocation revocation are are entitled entitledto: to:"(1) notice of "(l) notice of claimed claimed

7 violations, (2) [an] violations; [an] opportunity opportunity to hear hear and and present evidence, (3) present evidence; (3) the the conditioned conditioned right right to 8 confront adverse witnesses; witnesses, (4) an an independent decision maker; independent decision maker, and and(5) (5) a written report report of of the 9 hearing." hearing." Id Id.Probation Probationrevocation revocationisisaatwo-step two-step process. process. The Thefirst firststep step isis to to "make "make aa factual factual 10 10 determination thataaviolation determination that violationof ofaacondition conditionof ofprobation probationhas hasactually actually occurred."Id.Idatat27. occurred." 27. If If 11 11 12 12 the violation is proven, the violation proven, the the second second step stepisis for for the the Court to " .... determine Court to determine if the the violation violation

13 18 warrants revocationof warrants revocation ofprobation." probation." Id. Id

14 14 A. Defendant Defendantviolated violatedhis his conditions conditions of probation. 15 . The standard for determining standard for determining whether a probationer probationerviolated violated a condition of his probation 16 16 is is that that "the "theevidence evidence and and the the facts facts be be such such as as reasonably necessary to satisfy necessary to satisfy the judge that the 17 17 18 probationer's conduct has not conduct has notbeen beenas asrequired requiredby bythe theconditions conditionsofofprobation. probation.Id. Id at at,1130. 30. The 18

19 19 Court's decision decision to to revoke revoke "must "must be bebased based on on credible credible evidence, evidence,but butthe the defendant defendant bears bears the

20 20 burden of showing burden of showing an an excuse excusefor forfailure failuretotocomply complywith withthe thecondition." condition." Id. Id 21 After reviewing After reviewingthe the violations violationsfiled filedby byProbation Probationat atthe the Revocation RevocationHearing Hearing and and listening 22 to the the testimony testimony of Probation Probation Officer Officer Titus Titus Taitano Taitano at at the the Revocation Revocation Hearing, Hearing, the the Court Court finds 23 24 that that Defendant has inexcusably Defendant has violated multiple inexcusably violated multiple conditions conditions of of his probation probation on on several several 24 25 occas10ns. occasions

28 of 88 Page 5 of 11 B. Whether WhetherDefendant's Defendant'sviolation violationof ofProbation-warrants Probation·warrants revocation. revocation. 2 The Supreme Supreme Court of of the the United UnitedStates States has has stated. stated. that that with regard regard to to probation probation 3 revocation, "the "theState Stateclearly clearlyhas hasan aninterest interestininpunishment punishment and and deterrence, deterrence, but but this interest can 4 often be sewed served fully by by alterative alternativemeans. means. [T]he [T]hestate stateisisnot notpowerless powerlesstotoenforce enforcejudgments judgments 5

6 6 against those those financially financially unable unable to to pay pay a fine. Forexample, line. For example,the thesentencing sentencing court court could could extend extend

7 the time for for making making payments, payments, or reduce the fine, or or direct direct that that the the probationer probationer perform some 8 form oflabor or public service in public service in lieu lieu of of the the fine." fine." Bearden Bearden v.v. Georgia, 461 461 U.S. 660, 660, 671-72 99 10 (1983) (internal (internal citations citations and quotations omitted). and quotations omitted). 10 A probationer's A probationer's violation violationofofprobation probationwan°ants warrants revocation revocation when when the the violation violation upsets upsets the the 11 11 12 12 intent of the probation conditions. See See Camacho, Camacho, 2009 2009 Guam ,r 31. InIn Camacho, Guam 66 1131. Camacho, the Supreme

13 13 Court of of Guam Guam held held that that aa probationer's probationer's violation violation of ofhis hisprobation probation conditions conditions was was serious serious· 14 14 enough to warrant warrant revocation revocation where the probationer failed to report report for for drug drug tests tests and and where the 15 15 - defendant failed to defendant failed to pay fine. Id. The Supreme pay a fine. Supreme Court Court of ofGuam Guam reasoned reasoned that that because because the 16 16 defendant wasconvicted defendant was convicted of of drug-related dig-related offenses, offenses,the thepurpose purpose of ofthe the testing testing probation probation condition 17 17 18 18 was to ensure ensure the the defendant defendant remained remained sober. sober. Id. The TheSupreme Supreme.Court Court of of Guam Guam also .also

19 19 acknowledged that failure to pay a fine alone alone was was not not as as serious serious as the the failure failure to report for drug drug l

20 20 tests. Id tests. Id. 21 Defendant entered entered into into the the Plea Plea Agreement Agreement over four years years ago and has not and has not only only failed 22 to make make substantial progress towards substantial progress towards completing completing his probation probation conditions, but has picked up 23 24 two new criminal cases cases since sinceagreeing agreeingto tothe thetenns terns of of the the plea plea agreement. agreement. Obeying the the laws laws of of 24 a

25 Guam Guam is one one of ofthe thefundamental fundament.al conditions conditions aa probationer probationer must must follow, follow,and andDefendant Defendanthas has .

26 demonstrated thatthey demonstrated that theyare are incapable incapableof of fulfilling even even this this most mostbasic . basicrequirement. requirement. If If 27 27 28 . Page 6 of 8 11 Defendant were to benefit Defendant were benefit from from probation, probation, he he would would have havemade made greater greater progress progress towards towards 2 completing completing his treatment. The purpose treatment. The purpose of aa condition condition for fortreatment treatment isis sustained sustained sobriety, sobriety; 3 however, sobriety sobriety becomes becomes unattainable the right support. unattainable without the Defendantfrequently support. Defendant frequently fails fails to 4 5 report to probation and has hascommitted committednew newcriminal criminal offenses. offenses. 5

6 The theory The theory ofoftreatment treatment conditions conditions include: include: aiding aiding rehabilitation rehabilitation and and averting averting

7 recidivism. Treatmentprovides recidivism. Treatment providesthe theprospect prospectofofaa better betterquality qualityof of life life and and a capability capability of 8 sobriety, both of ofwhich whichwould wouldease ease Defendant Defendant back into into society. society. However, However, Defendant's Defendant'sabsence absence 9 from reports frustrates frustratesthe the purpose purposeof of seeking seeking recovery. recovery. The intent intent of of the the probation probation condition 10 10 that Defendant"obey that Defendant "Obeyall all laws" laws" is to protect protect the public. public. Defendant's Defendant's actions actions in in the the Superior Superior 11 11

12 12 Court of ofGuam Guam Criminal Criminal Case Case Nos. Nos. CF0001-22 CF000l-22 and and CM0420-23 CM0420-23 endangered endangered the public. Thus,

13 13 it is c1earto clear the Court that Defendant's Defendant's violations violationsupset upset the the intent intent of ofhis his probation probation conditions conditions. 14 14 Although Defendant's Although Defendant's probationary probationary period has not expired, he he has has made made little progress 15 15 on his probation conditions conditions and andcommitted committednew new criminal criminal offenses. offenses. Defendant Defendant had had four years to 16 16 17 demonstrate to the demonstrate to the Court Court that that he he can can make make progress progress on on his his probation probation conditions. conditions. Instead, Instead, he 17 chose chose to put put forth forth minimal minimal effort effort in incompleting completing his his probation probation conditions conditions and and commit commit new new 18 18

19 19 criminal offenses. Defendant criminal offenses. Defendant cannot build aabetter cannot build betterlife lifewithout withoutthe thetools toolstotodo doso. so. Accordingly, Accordingly,

20 20 it is is in in Defendant's Defendant's best best interest interest for the the Court Court to to revoke revoke probation, which will also probation, which also help help 21 Defendant receive receive credit credit in in his his other other criminal cases. 22 \\ \\ 23 \\ 24 \\

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28 Page 7 of of 8 1 CONCLUSION AND ORDER 2 For the above reasons, the Court GRANTS the People's request to revoke Defendant's 3 probation. Defendant's probation is hereby revoked and Defendant is sentenced to three (3) 4 years imprisonment at the Department of Corrections, Mangilao, with credit for time served. 5

6 The Court orders the other terms of Defendant's Plea Agreement and Judgement of Conviction

7 waived. 8

10 5 SO ORDERED, Nunc Pro Tune to January 25, 2024, this _ _ _A_U_G_0_·_ _2_02_,_, 2024. 11

13 HONORABLE ALBERTO E. TOLENTINO 14 Judge, Superior Court of Guam 15

22 23

24 SERVICE VIA E-MAIL I acknowledge that an electronic copy of the original wase-maiJed to:

25 At,,,, APtJ 26 27

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