People v. Sablan

Opinion

FII LED EL I CLERK CLERi( OF OF COURT COURT 2 202llAUG -5 PM 5: 24 202~ AUG -5 2h 3 SUPERrokouRr SUPFFMJ \ QQUET OF GUAM OF GUAM 4

6 IN THE SUPERIOR COURT COURT OF OF GUAM GUAM

7 PEOPLE OF GUAM, PEOPLE ) CRIMINAL CASE NO. NO. CF0723-17 CF0723-17 ) GPDREPORTNO. REPORT 17-36039 17-36039 8 ) CRIMINAL CRIMINAL CASECASE NO. CM0175-20 CM0l 75-20 9 vs. ) GPD REPORT no. 20-12322 REPORT NO. 20-12322 ) CRIMINAL CRIMINAL CASECASE NO. CF0237-21 10 10 ) GPD GPD REPORT no.20-31732/21 REPORT NO. -09092/2]-07161 20-31732/21-09092/21-07161 SEGUNDO AGUERO AGUERO SABLAN, ) II DOB: DOB: 10/09/1994 1010911994 ) DECISION AND ORDER GRANTING 12 ) THE PEOPLE'S MOTION MOTION TO REVOKE Defendant. ) DEFENDANT'S DEFENDANT'S PROBATION 13 13 w 14 INTRODUCTION 15 15

This matter came before matter came before the the Honorable HonorableMaria MariaT.T. Cenzon Cenzon on on May May 9, 2024, 2024, for aa 16

17 Revocation Hearing on Revocation Hearing on the the People of Guam's Guam's ("the ("the People") People") Motion Motion to to Revoke Revoke Defendant Defendant 17

18 18 Segundo Aguero Sablan's Segundo Aguero Sablan's ("Defendant") ("Defendant") Probation Probation and Impose Jail and Impose JailSentence Sentence(the (the"Motion"). "Motion").

19 19 Defendant is represented representedby byAssistant AssistantAlternate AlternatePublic PublicDefender DefenderTyler Tyler S. Scott for for CF0237-21 CF0237-21 20 and Assistant Public and Assistant Public Defender Defender Zachary Zachary C. C. Taimanglo for for CF0723-17 CF0723-17 and and CMOl75-17, CM0l 75-17, and and 21 Assistant Attorney Attorney General General Charles Charles B. Carsey represents represents the the People. People. After the the hearing, the 22

23 23 Court took the the Motion Motion under underadvisement advisementpursuant pursuantto to CVRCVR 7.1(e)(6)(D)ofofthe 7.l(e)(6)(D) theLOCAL LOCAL RULES RULES

24 OF THE THE SUPERIOR SUPERIOR COURT COURT OF OFGUAM. GUAM.After Aftereviewing reviewingthe thePeople's People's Motion Motion and and the the 25 25 Defendant's Defendant's Opposition, Opposition, oral oral arguments arguments from from the the parties, parties, and and the the applicable applicable statutes statutes and and case 26 law, the the Court Comenow nowissues issuesthis thisDecision Decisionand and Order Order GRANTING the GRANTING thePeople's People's Motion. 27 II// 28 28

People v. People v. Serbian Sablan Criminal Criminal Case CF0723-17/CMOl75-20/CF0237-21 Case No. CF0723-17/CM0l75-20/CF0237-21 Decision Decision and Order Granting the People's People's Motion Motion to Revoke Revoke Defendant's Defendant's Probation Page Page Il of of8 l PROCEDURAL AND FACTUAL BACKGROUND 2 A. Defendant's Global Plea Defendant's Global Plea in in CF0723-17 CF0723-17 and and CM0175-20 CMOl 75-20 and and his his violations violations 3 thereafter

4 On June 15, 2021, June 15, 2021, the the Defendant Defendant entered entered aa global global plea agreement for CF0723-17 CF0723-17 and and

5 CM0175-20, whereinhe CM0175-20, wherein heplead pleadguilty guiltytoto the thefollowing following offenses: offenses: (1) (l) for for CF0723-17, CF0723-17, Illegal Illegal 6 6 Possession of a Schedule Possession of Schedule IIII Controlled Controlled Substance Substance(As (AsaaThird Third Degree Degree Felony); Felony), and and (2) (2) for 7 CM0l 75-20, Harassment CMOl75-20, Harassment (As (As aa Misdemeanor). Misdemeanor). The TheCourt Courtsentenced sentenced the Defendant to to three three (3) (3) 8 9 imprisonment at years imprisonment atthe theDepartment Departmentof of Corrections, Corrections, Mangilao, Mangilao, all suspended, with credit suspended, with credit for 9

10 IO time time served. served. Additionally, Additionally, the the Court Court sentenced sentenced the the Defendant Defendant to to concurrent concurrent sentences sentences of

II supervised probation:five supervised probation: five (5) (5) years in CF0723-17 and two CF0723-l 7 and two (2) (2) years in CM0175-20. CM0l 75-20. Among 12 the the conditions of probation, notable provisions were: probation, notable contact 1 with the named were: no contact] Victim in named Victim in this this 13 13 matter,Paulsen matter, Pauleen Pablo ("Victim"), ("Victim");attendance attendanceand andparticipation participationin incourt-ordered court-ordered counseling counseling and and 14

15 treatment with Guam treatment with GuamBehavioral BehavioralHealth Healthand andWellness WellnessCenter ("GBHWC"),22 reporting Center("GBHWC"); reporting once a 15

16 16 month to to probation; probation, no no possession of drugs and and alcohol alcohol and and submitting submittingto to drug drugtesting; testing, obey obey all

17 laws of 17 ofGuam; Guam; and a fine totaling five five thousand thousand two hundred iffy dollars hundred fifty dollars($5,250.00) ($5,250.00) and and one one 18 18 hundred sixty dollars ($160.00) in hundred sixty in court costs. 3 court costs.3 19 19 Subsequently, during his Subsequently, during his probation probation for CF0723-17 CF0723-l and and CM0175-20, CM0l 75-20, the the Defendant Defendant 20

21 would accrue accrue nine (9) violations violations of probation. The Probation probation. The ProbationServices ServicesDivision Division ("Probation") ("Probation")

22 lodged a First Violation Violation Report Report against against the the Defendant Defendant on July July 1, 2021, 2021, sixteen (16) (16) days after

23 his Change Change of of Plea. Plea. Probation Probation reported reported that that the Victim Victim signed signed aa declaration declaration stating stating that that the 24 Defendant attempted Defendant attemptedto to contact contact her her on on two (2) (2) occasions occasions through through aa third-party. third-party. See First See First 25

27 11 The The "no "no contact" contact" or "stay away" orders orders generally prohibit prohibit aa defendant defendant from coming coming to to any any contact contact with with aa named victim, victim, both both physically physicallyand and other other means, means, e.g., third-parties or social social media. media. 28 2 Defendant was ordered to attend twenty-four in Defendant was ordered to attend twenty-four (24) recovery support meetings. meetings. 33 Defendant's Defendant's fine in CF0723-17 l amounted to two thousand thousand dollars dollars ($2,000.00), ($2,000.00), which which all all but seven seven hundred hundred fifty fifty dollars ($750.00) could be converted converted to to community community service service at atthe theprevailing prevailing minimum minimum wage. wage. Defendant's Defendant's fine fine in

People v.v. Serbian People Sablan Criminal Case No. CF0723-17/CM0 175-20/CF0237-21l CF0723-17/CMOl75-20/CF0237-2 Decision and Decision and Order Granting the People's Peoplels Motion to Revoke Defendant's Defendant's Probation Page of8 Page 2 of l Violation Report Report (July (July I,1, 2021). 2021). The The Court Court issued issued aa Warrant Warrant of ofArrest, Arrest, which which returned returned on 2 . | I . 1 5, 2021. August 5, 2021. Add1t1ona11y, Additionally, Probation Probatlonlodged lodgedaaSecond SecondViolation Vlolatlon Report Report on September September 7, 3 2021, 2021, reporting that Defendant was charged in CF0237-21 CF0237-21 on August 11, 11, 2021. On September September 4 4

5 9, 2021, 2021, before taking the Defendant's Defendant's guilty guilty plea pleain inCF0237-21, CF0237-21, the the Court Court addressed addressed the First 5

6 6 Violation Violation Report, Report, to to which which the the Defendant Defendant admitted to contacting admitted to contacting the theVictim Victim for the purpose of purpose of 7 7 ensuring that the ensuring that the children attended attended Defendant's Defendant's mother's mineral. funeral. The Court Court admonished admonished the 8 Defendant to comply with with the the conditions conditions of ofprobation probationand and to to use use legal legaland andappropriate appropriate means means 9 of f ccontacting ont n g the children. d r e n . The T h e Court released e a s e d the t h e Defendant n d a n t and a n d ordered r e d him m to rreport e to 10

II Probation the Probation the next next day day..

12 Probation lodged a Third Third Violation ViolationReport Reportagainst against the the Defendant Defendant on on October October 22, 22, 2021, 2021, 13 13 for failing failing to tosubmit submit aadrug drug urinalysis urinalysis when when he he reported reported on on September September 10, 10, 2021, 2021, and and had had not 14 14 reported since reported since then. then. The The Court Court issued issued its its Warrant Warrantof of Arrest Arrest on on November 15, 2021, November 15, 2021, and and itit 15

16 returned returned on December 22, 2021. 2021. The Court Court addressed violation on addressed the violation onJanuary January 27, 2024, 2024, where 16

17 17 the Court admonished admonishedthe theDefendant Defendantto to complete complete the the terms terms of of his probation, probation, including reporting

18 18 to Probation and andreporting reportingtotothe theClient ClientServices Servicesand andFamily FamilyCounseling ColmselingDivision Division("CSFC") ("CSFC") as as 19 19 ordered. 4 The ordered.4 sanctioned the The Court sanctioned the Defendant Defendant for served since for time served since the the return return of warrant and of warrant and 20 ordered the the Defendant Defendantto to report reportto toProbation Probationimmediately immediatelyfollowing following the hearing. 21

22 A Fourth Fourth Violation ViolationReport Reportwas was lodged lodgedagainst against the the Defendant Defendant on on February February 14, 14, 2022, 2022, for

23 23 failing to to obey obey the the laws laws of ofGuam Guam in in aa new new charge charge for CF0095-22. 5 On April 3, for CF0095-22.5 3, 2023, 2023, a Fifth 24 24

25 25 CM0 175-20 amounted CMOl75-20 amounted to to two two hundred hundred dollars dollars ($200.00). Court costs for each case individually individually amounted to eighty 26 dollars ($80.00), ($80.00), hence hence thethe one one hundred hundred sixty sixty dollar dollar ($160.00) ($l60.00) total. 44 Reporting Reporting to to CSFC CSFC isis an an included included order inin the the concurrent concurrent case case CF023 CF0237-21. 27 55 The The charges charges here here are: are: Illegal Illegal Possession Possession ofof a Schedule II Controlled Substance with Intent to Deliver (As a FirstFirst Degree Degree Felony), Felony), Two Counts of Two Counts of Illegal Illegal Possession Possession of a Schedule Schedule II II Controlled Controlled Substance Substance (As a Third Third Degree Degree 28 Felony), Possession Possession of a Firearm Firearm without a Valid Firearms Identification Card (As a Third Degree Felony), Identification Card Felony), and Possession of an Unregistered Firearm Firearm (As a Third Degree Felony). Felony). Currently, Currently, the case is is post-adjudication and is is awaiting revocation ofof probation as well.

People v. v. Serbian Sablan Criminal Case No. CF0723-17/CM0175-20/CF0237-2 CF0723-l 7/CM0 175-20/CF0237-2 lI Decision and Order Granting the People's People's Motion Motion to to Revoke Revoke Deflendant's Defendant's Probation Page 3 of8 of l Violation Report was lodged against against the Defendant Defendant for for failing to to report report to Probation as ordered, 2 . .. | I . having last reported having reported on February February 15, 2023. 2023. Addltxonally, Additionally, on the the same Sixth Vxolatlon same day, a Sixth Violation 3 Report was was lodged for for failing failing to make payment toward fines and court costs. toward his fines costs. On May 11, 11, 44

5 2023, 2023, a Seventh Violation Report was lodged for failing to refrain from contacting the Victim

66 through text through text messages, messages, telephone, telephone, and and through through contact contact with with the the Victim's father. father. The Court Court

77 would issue its Warrant Warrant of ofArrest Arrest on on May May 16, 16, 2023, 2023, which which returned returned on on September September21, 21, 2023 2023. 8 Prior to the return of the Warrant of Arrest, Arrest, an Eighth Violation Report was lodged for 9 failing to refrain from contacting the Victim when she saw the Defendant at a Mobil gas station 10 10

11 while making a delivery. delivery. Despite Despite her her attempts attempts to ignore ignore the the Defendant, Defendant, the Defendant Defendant made

12 12 attempts to converse converse with with the the Victim and waited outside outside the the gas gas station station in in front front of of the the Victim's Victiln's 13 13 car. car. A Ninth Violation Violation Report Report was was lodged lodged against against the the Defendant Defendant for failing failing to to refrain refrain from from 14 14 contacting the Victim through collect calls from contacting the from the Department Department of Corrections and a third Corrections and third 15 15

16 party. party. Despite attempts by Despite attempts by the Victim Victim to to change change phone phone numbers, numbers, the the Defendant Defendant attempted attempted 16

17 17 communication at her place of employment.

18 18 B. Defendant's Defendant's guilty guiltyplea plea in in CF0237-21 CF0237-21 and and his his violations thereafter thereafter'6 19 19 On September September 9, 2021, in CF0237-21, the Defendant CF0237-21, the plead guilty Defendant plead guilty to to the offense of of 20 20 Unauthorized Use of a Motor Vehicle (As a Misdemeanor) via an Information. The Defendant 21

22 was sentenced to one (1) year imprisonment imprisonment at the the Department Department of of Corrections, Corrections, Mangilao, all 22

23 suspended, with credit for suspended, with for time served. Additionally, the Defendant was sentenced to one (1) served. Additionally, ( 1) 24 24 year probation. Among the standard release conditions of of probation, notable conditions include 25 reporting to Probation reporting to Probation once once a month in person, person, reporting reporting to CSFC for intake intake and and assessment, assessment, 26

28 6 6 Becausemany Because manyof ofthe theviolations violations in in this this matter where concurrently matter where concurrently addressed addressedwith with CF0723- CF0723-17 and CMO I 7 and CM0175-21, only Defendant's Defendant's violations violations in in CF0237-21 CF0237-2 I willwillbe beenumerated enumerated here.

People v,v. Serbian People Sablan Criminal Criminal Case No. CF0723-17/CM0175-20/CF0237-2 Case No. CF0723-l 7/CM0 I 75-20/CF0237-2 Ii Decision and Decision Order Granting and Order Granting the People's People's Motion Motion to Revoke Defendant's Probation Page Page 4 of of8 l submission to drug submission to drug and andalcohol alcohol testing, testing, payment paymentof of courts courts costs costs of of eight dollars ($80.00), ($80.00), and and 2 2 one hundred hundredfifty fifty (150) hours of community hours of community service. service. 3 Subsequently, during his Subsequently, during his probation probation for for CF0237-21, ,the theDefendant Defendantwould wouldaccrue accruefour four(4) (4) 4

5 violations of probation. violations probation. On November 4, 2021, 2021, Probation lodged a First Violation Report Probation lodged Report

6 6 against against the Defendantfor the Defendant for the the following: following: failing failing to to report report to to Probation, Probation, having having last last reported reported on

7 September 10, 2021; September 10, 2021,failing failing to to report report to to CSFC for for intake intake and and processing, failing to processing; failing to make make 8 8 progress on community community service hours, falling to hours; failing to make make progress progress on on payment payment of of court court costs, costs; and and 9 9 failing to to submit submit to drug drug and alcohol testing. On February 14, 2022, February 14, 2022,aaSecond SecondViolation Violation Report 10 10

11 was lodged for Defendant's Defendant's new new charge charge in in CF0095-22. CF0095-22. On July July 1, 2022, 2022, aa Third Violation

12 12 Report was lodged for the following: following: failing failingtotomake make progress progress on on community service, failure to community service; 13 make costs, and make progress on court costs; and failing failing to attend attend his CSFC appointment appointment of of February February 9, 9, 2022, 14 since being in custody custody for CF0095-22. CF0095-22. On July July 17, 2023,aaFourth 17, 2023, FourthViolation Violation Report Report was lodged 15 15

16 for the the same same reasons reasons as as the the First First Violation Violation Report, Report, having having last last reported reported to Probation Probation on on 16

17 17 February 15,2023. February 15, 2023.

18 Across the the three three cases before this this Court, Court, the Defendant has accrued aa total has accrued total of of thirteen thirteen 19 (13) violations of of probation. probation. 20 20 DISCUSSION 21

22 Guam law specifies Guam law specifies the the procedures thatthe procedures that the Court Court must mustfollow follow for for revocation revocation of

23 probation. probation. The relevant statute, entirety, states statute, in its entirety, statesas asfollows: follows:

24 [T]he [T]hecourt, court, ififsatisfied satisfied that that the the offender offender has has inexcusably failed to inexcusably failed to comply with with a 25 25 substantial requirementimposed substantial requirement imposedasasa acondition conditionof of the the order order may may revoke the the suspension suspension or or probation probationand andsentence sentenceororre-sentence re-sentencethe theoffender. offender.Violation Violation of a 26 condition shall shall not result in in revocation, revocation, however, however, unless unless the the court court determines determines that revocation under all all the circumstance circumstance then thenexisting existing will will best best satisfy the the ends ends 27 27 of ofjustice justice and and the best interests interests of of the public. 28 9 GCA §§ 80.66(a)(2). 9 GCA 80.66(a)(2).

People People v.v. Serbian Sablan Criminal Case No. CF0723-17/CM0 Case No. CF0723-I7/CMOl75-20/CF0237-2 175-20/CF0237-21l Decision and Order Granting the the People's People's Motion Motion to Revoke Revoke Defendant's Defendant's Probation Page Page 5 of8 l The process process for revoking revoking an an offender's offender'sprobation probation has has been been further further explained by the explained by 2 Guam Supreme SupremeCourt Courtas asfollows: follows: 3 Probation revocation is aa two-step two-step process. process. First, the trial trial court court must must make make a 4 factual determinationthat factual determination thataa violation violation of of probation actually has probation actually has occurred. occurred. If If a 5 violation is proven, proven, then then the the Court Court must must determine determine ifif the the violation violation warrants warrants revocation revocation of ofthe the probation. 6 People of of Guam v. v. Camacho, Camacho, 2009 Guam 6 ,i1127 (internalcitations 27 (internal citations omitted). omitted). 7

8 To revoke revoke aa defendant's defendant's probation, probation, evidence evidence and and facts facts presented presented to the the Court Court must must be

9 "reasonably necessarytoto satisfy "reasonably necessary satisfy the the judge judge that that the probationer's probationer's conduct conduct has has not not been been as as 10 10 required by by the the conditions conditions of of probation." Id. At At 1] 30 (citing ,i 30 (citing People v. v. Angoco, 1998 1998 Guam 10). 11 The Court Court also also cannot cannot order revocation unless unless the the offender offender is provided with written written 12 12

notice notice of of grounds for revocation grounds for of probation. revocation of probation. 99 GCA GCA §§ 80.68(a). 80.68(a). At At the the hearing, hearing, the the offender offender 13 13

14 14 shall shall "have the the right to to hear hear and controvert controvert the the evidence evidence against againsthim, him,to to offer offer evidence in his his

15 defense andto defense and berepresented to be representedby bycounsel." counsel."Id. Id.Should Shouldthe theCourt Court revoke revoke an anoffender's offender's probation, probation, 16 16 » . . 1 1 1 "it "it may may Impose impose on on the the offender offender any any sentence sentence that might have have been imposed imposed originally orlgmally for the the 17 crime of which crime of he was which he wasconvicted." convicted." 99 GCA GCA §§ 80.66(b). 80.66(b). 18 18

19 A. The TheCourt Courtdetermines determinesthat thataaviolation violationof ofprobation probationhas has occurred. occurred.

20 Pursuant Pursuant toto the the first first Camacho Camacho prong, the Court prong, the Court first first Tums to make turns to make aa factual factual 21 determination of whether a violation determination of violation of ofprobation probation has has occurred. occurred. There There are are no no factual factual disputes disputes 22 22 that that a violation violation of of Defendant's Defendant's probation probation has has occurred. Defendant has occurred. Defendant has failed failed to to comply comply with with the 23 conditions conditions of his his release, release, including including regularly regularly reporting reporting to Probation Probation as as ordered, ordered, reporting reporting to 24

25 CSFC for forintake intake and and assessment, assessment, submitting submitting to ordered drug drug and alcohol testing, testing, and and making making

26 26 progress toward paying progress toward paying court costs and and toward his community community service hours. hours. The Defendant Defendant 27 27 charged with with a new new offense in was charged in CF0095-22 CF0095-22 while while on on probation probation and and has plead guilty in said said 28 28 case. case. What is most concerning to the the Court are are the the repeated repeatedviolations violations for for contacting contacting the the Victim Victim

People v.v. Serbian People Sablan Criminal Case Criminal Case No. No. CF0723-17/CM0175-20/CF0237-2 CF0723-l 7/CM0 I 75-20/CF0237-2 Il Decision and Decision and Order Granting the People's Peoplc's Motion to Revoke Defendant's Defendant"s Probation Page 6 of Page of8 l CM0l 75-20, which have been supported in CM0175-20, supported by by signed signed declarations declarationsby by the the Victim. For these Victim. For these 2 reasons, the reasons, the Court Court determines determines that thatthe thefirst Camacho prong first Camacho prong is is satisfied. 3 B. The TheCourt Courtdetermines determines that thatrevocation revocation of of probation is warranted. warranted. 4

s 5 Pursuant to Pursuant the second to the second Camacho prong, the Court Camacho prong, Court next next turns turns to to determine determine whether whether

6 6 revocation of revocation ofDefendant's Defendant'sprobation probation isis warranted. warranted. In making making this determination, determination,the theCourt must CoM must

7 7 resolve whether "revocation under all the the circumstance circumstance...will best whether "revocation under all ... best satisfy satisfy the the ends ends of justice 8 8 and the the best best interests interestsof ofthe thepublic." public."99GCA GCA §§ 80.66(a)(2). 80.66(a)(2). 9 Upon review of ofthe the record, record, the the Court Court finds finds aa history history of ofDefendant's Defendant's non-compliance non-compliance 10

II with the conditions conditions set by this this Court Court and and pursuant to the pursuant to the Plea Plea Agreements he has has agreed to

12 12 follow. follow. Since Since entering entering probation, probation, the the Defendant Defendant has consistently consistently failed failed to report to Probation, Probation, 13 13 causing this Court to causing this to issue warrants for issue warrants for his arrest arrest to to return return him him to to compliance. compliance. The Defendant Defendant 14 14 has not made made any any progress toward completing his community community service service hours hours nor has he made IS 15

16 progress paying his court progress on paying court costs. costs. The The Defendant Defendant has hasfailed failed to to report report to to CSFC for for intake intake and and 16

17 17 processing, which would have availed processing, which availed the the Defendant Defendant any any necessary necessary treatment services. The treatment services.

18 18 Defendant was also Defendant was also charged charged with with aa new new offense in CF0095-22 CF0095-22 while on release, release, in which the 19 19 Defendant has pleadguilty. has plead guilty. 20 Of Of great great concern concern to to this this Court Court is is the the repeated repeated contact contact with the the Victim Victim despite despite the the 21

22 Court's stay stay away orders orders to the the contrary. contrary. The The Defendant Defendant has has attempted to contact attempted to contact the the Victim Victim

23 23 through a third third party;7 party,7has hasattempted attemptedtotocontact contactthe theVictim Victim via text messaging, messaging, telephone, telephone, and and 24 contacted the Victim's contacted the father; 8 through Victim's father,8 through physical physicalcontact contactwhile while she she was was fulfilling fulfilling work work 25 25 obligations;9 and obligations,9 and has hasattempted attemptedcontact contactthrough throughcollect collectcalls calls at at the the Department Departmentof of Corrections, 26

27 27

7 28 7 SeeFirst See FirstViolation Violation Report Report (June (June 16, 16,2021) 2021)ininCM0 CMOl75-20. 175-20. 8 See Seventh Violation Report (May l 1, 2023) in CM0175-20. 8 See Seventh Violation Report (May 11, 2023) in CM0 9 9 SeeEighth See EighthViolation Violation Report (July 3 I,l ,2023) 2023) in in CM0 CM0175-20.

People People v. v. Serbian Sablan Criminal Criminal Case Case No. CF0723-17/CMOl75-20/CF0237-2 CF0723-17/CM017S-20/CF0237-21l Decision and Order Granting Granting the the People's People's Motion Motion to Revoke Defendant's Defendant's Probation Page Page 7 of 8 1 through through aa third third party, party, and and contacting contactingthe theVictim Victim at at her place place of employment. 10A11 of employment." All these these 2 vlolatlons violations have have been supported by been supported by written written declarations by the declarations by the Victim. Vlctlm. The The Court CourtIssues issues stay stay 3 3

away away orders as a condition of probation orders as probation for the the protection protection of of victims. victims. Defendant's Defendant's repeated repeated 4

5 5 violations of ofthe the stay away orders are are manifest manifest of of the the Defendant's refusal reiilsal to comply with with these these

6 6 Court's Court's orders orders and serve to place the Victim Victim at at risk risk of offurther further hand. harm. Therefore, Therefore,pursuant pursuant to the

77 second Camacho prong prong and and 99 GCA GCA §§ §§ 80.66(a)(2), the Court 80.66(a)(2), the Court finds finds that revocation of that revocation of probation probation 8 is appropriate in the appropriate in the interest interest of of justice and the protection and the protection of of the public, public, most especially especially the the 9 Victim in Victim in this this case. 10 10

II CONCLUSION

12 12 For the the reasons reasons set forth above, the the Court Court hereby hereby GRANTS the the People's Motion to 13 13 Revoke Revoke Defendant's Defendant's Probation Probation and and Impose Impose Jail Jail Sentence. Sentence. The The Court Court shall shall issue issue aa Judgment Judgment of 14 Revocation Revocation on on separate cover. separate cover. 15 15 1 16 16 so k19ueJ, of 41{LU9IL» 90511 ckli ORDERED this 5S.µ czLc{<-1-= so ORDERED JOJ-~.

18 if* , 19 ~O~ T .BLE H CMARIA E N T. ZCENZON ON Judge, Judge, Superior Court of Guam Guam 20

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10 See Ninth Violation Report (Feb. 15, 2024) in CM0175-20. 10See Ninth Violation Report (Feb. 15, 2024) in CM0I

People People v. v. Sob/an Sablan Criminal Criminal Case Case No. No. CF0723-17/CM0175-20/CF0237-21 CF0723-l 7/CM0 I 75-20/CF0237-2 l Decision Decision and and Order Granting the People·s Peoplels Motion Motion to to Revoke Defendant's Probation Page 8 of 8 Page8of8