FIL.ED g "if iv .
l OLE.m< COURT GLERK GF*§'¥€.§*aJF?T
OF
2 muse 18 PH L: BB
5U¥'EH!UR G9U
\
3
4 . orfmam
5 IN THE SUPERIOR SUPERIOR COURT OF GUAM
6 ) CRIMINAL
CRIMINAL CASECASE no. CF0504-20 NO.CF0504-20
77 PEOPLE OF GUAM, ) GPD 20-23758 No.20-23758
Report No.
GPD Report
)
8 vs. ))
))
9 ) )) DECISION
DE'CISION & ORDER
10 MATTHEW SALAS, RE. PEOPLE'S PEOPLE'S MOTION TO REVOKE aka Matthew John Pinaula Salas > )
DEFENDANT'S PROBATION
11 11 DOB:
DOB: 07/13/2002 07/13/2002
) )
12 12 )) 13 13 ______ ______ ____)w))
Defendant.
14 14
This matter came before the came before Honorable Alberto the Honorable Tolentino on Alberto E. Tolentino October 15, on October 2024, for aa 15, 2024,
15
16 16 Motion Motion Hearing. Defendant Matthew Hearing. Defendant Matthew Salas ("Defendant") was Salas ("Defendant") present with counsel was present Public counsel Public
17 17 Defender Stephen Hattori. present for the People Aaron Boyce was present
General Aaron
Attorney General
AssistantAttorney
Hattori. Assistant
18 18 of Guam of ("People").During Guam ("People"). Duringthe thecourt hearing,the
thehearing, heard the courtheard parties' arguments the parties' arguments on the People's on the People's
19 19 Motion Motion to to Revoke
Revokethe
the Defendant's Probation. Following Defendant's Probation. thehearing, Followingthe the court hearing, the took the court took matter
the matter
20 20
21 under under advisement SupremeCourt pursuanttoto Supreme
advisement pursuant of Guam Courtof Administrative Rule Guam Administrative 06-001, CVR Rule 06-001,
21
22 7.l(e)(6)(A) and CR 7.1(e)(6)(A) and CR 1.1 1.1 of the Local Rules of Superior Court the Superior
of the Guam. Having Court of Guam. duly Having duly
23 issues this now issues
court now
the court
23 considered considered the parties' briefings, arguments,and oralarguments,
briefings,oral the applicable and the law, the applicable law,
24 24 Decision and andOrder
OrderGRANTING thePeople's GRANTING the MotiontotoRevoke People'sMotion theDefendant's Revokethe Probation.
Defendant's Probation.
25 25 \\ 26 27 27 \\
28 \\ \\
Decision Decision &&Order
Order Re.
Re. People's
People's Motion
Motionto to Revoke Defendant's Probation Revoke Defendatlt's
People v. Salas,CF0504-20 People v. CF0504-20 Page 11 of Page of1111
BACKGROUND
1
2 For events that occurred on or about September 21, 2020, 2020, the
the Defendant was indicted as
3 to the charge charge of
of POSSESSION
POSSESSION OF
OF A
A SCHEDULE II CONTROLLED SUBSTANCE (As a 3rd 4 . . .
Felony). Indlctrnent
Degree Felony). (Jan. 11, Indictment (Jan. 2021). On ll, 2021). OnFebruary
February 20,
20, 2021,
2021, the
the Honorable
Honorable Benjamln
Benjamin
5 Sison released the Defendant on a personal recognizance bond so long as the Defendant follows 6 7 7 of his release.
all the conditions of release. Order Order (Feb. 20, 2021).
8 The court issued a first bench warrant against the Defendant on April 29, 2021, for failing
99 to appear at his court hearing;
hearing, the warrant was
was returned
returned on
on this
this same day.
day. On May 7, 2021, the
10 10 Change of court held a Change of Plea hearing hearing where the
the court
court deferred
deferred acceptance
acceptanceof
of his
hisplea
pleafor
for two
two (2)
(2)
111 1
years. Change of years. Change of Plea Hr'g Hr'g Mims.
Mins. at
at 11:31:12AM
11:31:12AM (May
(May7,7,2021).
2021). InInaddition
addition to
to aasuspended
suspended
12 12
13 13 sentence, sentence, a five-thousand-dollar ($5,000.00) fine, five-thousand-dollar ($5,000.00) fine, and and court
court costs,
costs, the
the court ordered
ordered that the
14 Defendant Defendant enroll enroll and
and attend
attend a drug rehabilitation program under the supervision of of the Adult Drug
15 15 Court. Deferred Plea Agreement at 4 (May 7, 2021). 16 16 A. The
TheDefendant's
Defendant's Adult
Adult Drug
Drug Court
Court Violations
Violations
17 17 While participating While participating in
in the Court II Program the Adult Drug Court Program ("Adult ("Adult Drug
Drug Court"),
Court"), the
the
18 18
19 19 Defendant accumulated a total of six (6)
(6) violations. For the first violation, the report indicated
20 20 that the Defendant:
Defendant:
21 Failed to refrain from ingesting/consuming illegal controlled controlled substances. On June 22 21, 2021, 2021, the probationer admitted admitted through
through a written declaration to smoking the declaration to
drug "meth".
"met". NoNotest
test was
was conducted.
conducted.
23 23 1st Violation Report (Phase I) (June (June 25, 2021).
24 24
25 \\ \\
26 26 \\ 27 \\ \\ 28
Decision Decision & Order People's Motion Order Re. People's Motion to to Revoke
RevokeDefendant's
Defendant's Probation
Probation
People People v.
v. Salas,CF0504-20
Salas, Page Page 2 of 11
B. The TheDefendant's
Defendant'sViolations under Traditional Probation Violations under
1
2 Following Following the
the Defendant's
Defendant's termination
termination from Adult Drug Court, Adult Drug he accumulated Court, he six (6)
accumulated six (6)
3 3 more violations for for violating
violating his
his probationary
probationary conditions.
conditions. For the
the first violation, report the report
violation, the
4 4 indicated the the Defendant's:
Defendant's:
5 11. Failure to refrain
refrain from
from consuming
consuming anan illegal
illegal controlled
controlledsubstance.
substance. On March
6 13, 2023, the the Defendant
Defendantwas wasdrug
drugtested
testedatatthe
theProbation
ProbationOffice, which yielded Office,which yielded
13, 2023, a presumptive
presumptive positive
positive for
formethamphetamine
methamphetamine and tetrahydrocannabinol. He and tetrahydrocannabinol.
7 7 subsequently admittedtotosmoking subsequently admitted smoking "weed"and "weed" and"meth." be his "met." This will be first his first
8 positive positive since
since being
being placed
placed on
on probation.
9 ***It ***Itisisnoteworthy
noteworthyto
tomention
mention that 1st violation that aa let violation was was filed
filed in
in CF0045-22
CF0045-22 before
10 Presiding Judge Alberto C.
Judge Alberto C. Lamorena Lamorena III IIIand 4th violation and aa 4th violation was filed tiled in
in CF0351-
21 before Judge Vemon P. Perez, for the same Judge Vernon violation.
same violation.
11 11 let Violation 1st ViolationReport Report(Mar.
(Mar.14,
14,2023).
2023). One
One week
weeklater,
later, Probation
Probation filed
filed aa second
second violation against
violation against
12 12
13 13 the Defendant. For For the second violation, violation, the
the report
report indicated
indicated that
that the Defendant:
14 14 Failed to Failed obey all
to obey allthe
the laws
lawsof
ofGuam.
Guam. On OnMarch
March20,
20, 2023,
2023, the
the Probationer
Probationer appeared
appeared
before before the
the Magistrate Judge
Judge inin reference
reference to
to CF0181-23,
CFOl8l-23, and
and charged with Criminal 15 Mischief Mischief (As 3rd Degree (As aa 3rd Degree Felony)
Felony) and
and Assault
Assault (As
(As aa Misdemeanor).
Misdemeanor). TheThe
16 16 Probationer was remanded remanded to to the
the Department
Department of
of Corrections on aa five-thousandfive -thousanddollar
dollar ($5,000.00) cash bail.
17 17 2nd Violation Violation Report Report (Mar.
(Mar. 21,
21, 2023).
2023). Upon
Upon the court's acceptance of the acceptance of Defendant's guilty plea the Defendant's
18 18
19 19 in in his new new 1natter CF0181-23,the matter CF0181-23, thecourt courtreleased
released him
him from
from confinement at DOC. January 8, OnJanuary
DOC. On
20 20 2024, Probation filed filed another violation against another violation against Defendant Defendant Salas. For the third violation, violation, the report
21 indicated that the the Defendant:
Defendant:
22 1. 1. Failed
Failedtotoreport
reportthree
three (3)
(3)times
times aa week
week in
in person
person to the Probation
Probation Office.
Office. The
23 Probationer is ordered to report every Monday, Monday, Wednesday
Wednesday and and Friday. He last reported onon December
December 29,29, 2023.
24 24 2. Failure
Failure to
to submit
submit proof
proofofofenrollment,
enrollment, attendance
attendance or completion
completion of aa drug
drug
25 rehabilitation rehabilitation program.
program.
3. Failure
Failure toto make
make monthly
monthly payments
payments toto his fine and and court cost totaling five cost totaling
26 thousand eighty dollars ($5,080.00). He has thousand eighty failed to has failed to make
make any
any payments.
27 4. Failure
Failuretotoperform
performand
andcomplete
completeoneonehundred-_ifty hundred-fifty (150)
(150) hours
hours of
ofcommunity
community
sewlce. service.
28
Decision Decision &&Order
Order Re.
Re. People's
People's Motion
Motionto to Revoke
Revoke Defendant's
Defendant's Probation
People People v.
v. Salas,CF0504-20
CF0504-20
Page Page 5 of
of 11
5. Failure
Failureto
to submit
submit proof
proof of
ofattendance completion of attendance or completion of twenty-four twenty-four (24)
(24) self-
1 help meetings.
meetings.
2 3rd Violation Violation Report Report (Jan.
(Jan. 8,
8, 2024). On
On July
July 10, 2024,Probation
10, 2024, Probationfiled
filed a fourth
fourth violation.
violation. For the
3
4 violation, the violation, the report report indicated
indicated that
that the Defendant:
Defendant:
4
5 1.
1. Failed
Failedtotoreport
reporttotothree
three (3)
(3)times
times aa week
week inin person the Probation person to the ProbationOffice.
Office. The
Probationer is ordered to report every Monday, Wednesday Wednesday and and Friday. He last 6 reported on July
July l,
1,2024
2024 and
and has failed
failed to
to report
report since.
since. Please
Please note,
note, ononJune
June 26,
2024, the Probationer 2024, the Probationer waswas counseled counseled regarding
regarding his
his reporting
reporting conditions.
7 2. Failed
Failedtotoprovide
provideaavalid
validurine
urinesample
sample forfor drug
drug testing.
testing. On
On July
July l,1, 2024,
2024, the
the
8 Probationer reported to to the Probation Office Office to
to submit
submit toto aa urinalysis urinalysis test
test and
and
failed to provide
provide aa valid
valid sample
sample within
within the
the time limit.
limit. This
This isis considered
considered hishis
9 nd second second (2 (2"") positive.
10 10 4th Violation Violation Report Report(July
(July10,
10, 2024).
2024). The
Thecourt filedanother
courtfiled anotherwarrant warrant of
ofarrest
arrest on
on July
July 24,
24, 2024,
2024,
11 11 which was returned which was returned on August August 1,
1, 2024.
2024. During the
the Return
Return of
ofWarrant,
Warrant, the
the court
court addressed
addressed the
the
12 12
13 13 Defendant's Defendant's violations violations and
and admonished
admonished him for nothing being done done in
in regards to his conditions.
14 14 Return of Warrant Return of Hr'g Mims.
Warrént Hr'g at 2:02PM Mins. at 2:02PM (Aug.
(Aug. 6,
6, 2024). However, the
2024). However, the court released him court released himto
togive
give
15 15 him another opportunity opportunity to
to get
get back in
in compliance
compliance with Probation. Despite this chance, Probation 16 16 filed filed aa fifth fifth violation
violationon
onSeptember
September20,
20, 2024.
2024. For
Forthis
this violation,
violation,the
thereports
reports indicated
indicated that
that the
17
Defendant: Defendant:
18 18
19 Failed to report report to three
three (3) times
times weekly
weekly for
fordrug
drugtesting.
testing. The
Theprobationer
probationer was
was
released from the Department Department of of Corrections on August 6, 2024.
6, 2024. He was ordered 20 by the Court Court to meet with
with the undersigned on August 7, 2024 by by 9:00 a.m., a.m.,he
hefailed
failed
to do so.
21
22 22 5th Violation Report Report (Sept.
(Sept. 20,
20, 2024).
2024). The
The court
court filed
filedanother
another warrant
warrant of
ofarrest
arrest against
against the
the
23 Defendant Defendant on on September
September 24, 2024, two days later. Upon the warrant's return, 2024, which was returned two 24 4 . a . 2 Probation filed Probation filed aa slxth sixth violation on September vlolatlon on September 27, 2024.
25 \\ 26 27 27 \ \\
28 \\
Decision Decision & Order People's Motion Order Re. People's Motion toto Revoke Revoke Defendant's
Defendant's Probation
Probation
People v. Salas,
Salas, CF0504-20
CF0504-20
Page 66 of
of 11
ll
the Defendant:
For the sixth violation, the report indicated that the 1
2 Failed to obey allall the laws of the laws Guam. On
of Guam. September 26, On September 2024, the 26, 2024, Probationer the Probationer
appeared before the Magistrate Judge in reference to CF0673-24, and charged with 3 Promoting Prison Contraband (As a Second-Degree Felony). The Probationer was remanded to remanded to the Department of the Department of Corrections on aa live-thousand-dollar Corrections on ($5,000.00)
five-thousand-dollar ($5,000.00)
4 cash bail.
5 (Sept. 27,
6th Violation Report (Sept. 2024). The 27, 2024). People filed The People its Motion filed its to Revoke Motion to the Defendant's Revoke the
6
7 Probation Probation and and impose jail
jail sentence
sentence on October 8, 2024.
7
8 the Defendant's history leading up to this At the Revocation Hearing, Probation laid out the
99 proceeding, oceeding, and a nd ultima 2:36:51-
Mins. at 2:36:51-
Hr 'g Mins.
Revoca tion Hr'g
evoca tion. Revocation
r ecommended revocation.
tely recommended
ultimately
10 10 38:21PM 38:2 (Oct.15, PM (Oct. 2024).The
15,2024). Defendantrequested TheDefendant thecourt requestedthe enter judgment courttotoenter rather than revoke judgment rather revoke 11 11 probation at this time. Id.
this time. Id. at 2:43:32--43:46PM. Incontrast, 2:43:32-43:46PM. In the People contrast, the argued that People argued Defendant that Defendant
12 12
113 3 good candidate for probation given that he has accumulated serious violations such Salas is not a good
14 14 as failure failure to obey obey the
the laws
lawsofofGuam.
Guam.Id.Id.at at2:42:48-43:13P1V[.
2:42:48--43:BPM. A&er
After hearing
hearing the
the parties'
parties'
15 15 under advisement.
arguments, the court took the matter under 16 16 DISCUSSION
17 17 If the court finds that the If comply with the Defendant has "inexcusably failed to comply substantial with aa substantial
18 18
19 19 requirement imposed as requirement imposed as a condition condition of the order,"
order," it may
may revoke and sentence probation and
revoke probation or sentence or
20 20 resentence resentence the the offender.
offender. 99 GCA
GCA §§ 80.66(a)(2).
80.66(a)(2). If
If aa court
court chooses
chooses to
to revoke
revoke probation,
probation, the
the court
court
21 may may sentence sentence the
the defendant to any
defendant to any sentence that may sentence that may it
it have
have originally imposed. 99 GCA originally imposed. GCA §§ 22 80.66(b). shall not revoke probation However, it shall
80.66(b). However, condition unless probation for violation of a condition court unless the court
23 23
24 determines determines that revocation "will best satisfy the ends ofjustice "will best and the justice and best interests of the public"
the best public"
24
25 25 under under all all circumstances.
circumstances. 99 GCA
GCA §
§ 80.66(a)(2).
80.66(a)(2).
26 The Supreme
Supreme Court
Court of
of Guam that "probation held that
Guam held is aa favor "probation is granted by the favor granted state, not a the state,
27 27 which aa criminal right to which defendant is entitled."
criminal defendant v. Camacho, People v.
entitled." People Guam661],r 26 (quoting Camacho, 2009 Guam
28
Decision Decision &
&Order
Order Re.
Re. People's
People's Motion
Motiontoto Revoke
Revoke Defendant's
Defendant's Probation
People v. Salas, CF0504-20 People
Page 7 of
of 11
Parker v. State, 676 N.E.2d v. State, N.E.2d 1083, 1083, 1085
1085(Ind.
(Ind.Ct.
Ct.App.
App. 1997)).
1997)). To
To revoke a Defendant's probation, I
2 must make the court must make two two determinations.
determinations. First, the court must "make a factual determination determination that
3 a violation violation of ofaacondition
condition ofofprobation
probation has
has actually
actually occurred."
occurred." Camacho,
Camacho, 2009
2009 Guam ,i 27
Guam 6 1
4 4 . . . .
(quoting Parker, 676 676 N.E.2d 1083 at 1085).
1083 at 1085). If the
the vlolatlon
violation isis proven,
proven, then
then the
the court
court must
must
5 "determine if if the
the violation
violation warrants revocationof warrants revocation of probation."
probation." Id.
Id
6
A. A. The TheDefendant
Defendantviolated
violatedthe
the conditions
conditions of his probation.
7
8 The standard for determining standard for determining whether whether aa probationer
probationerviolated
violated a condition of probation probation is
99 that "the evidence and that and the the facts
facts be
be such
such as
as reasonably
reasonably necessary
necessary to satisfy
satisfy the
the judge
judge that
that the
the
10 10 conduct has not been as
probationer's conduct as required required by
by the
the conditions
conditions of
of probation." Camacho, 2009 probation." Camach
11 11 Guam ,i 30 Guam 66 1] 1998 Guam v. Angoco, 1998
30 (quoting People v. Guam 10 10 1]
,i 7). facing revocation, 7). When facing revocation, "the 12 12
13 13 defendant bearsthe defendant bears showingan burdenofofshowing
theburden anexcuse excusefor
forfailure
failuretotocomply
complywith
withthe
thecondition."
condition." Id.
Id
14 14 (quoting State State v.
v. Peters, 609 A.2d 40,
40, 43
43 (N.J.
(N.J. 1992)).
15 15 In this case, the Defendant case, the Defendantaccumulated accumulateda atotal
totalofoftwelve
twelve(12)
(12)violations
violations-- six (6) under under
16 16 Adult Drug Drug Court
Court and
and six
six (6)
(6)under
undertraditional
traditional probation.
probation. The court
court can
can make
make aa factual
factual
17 18 determination that all determination that all these these violations
violations actually
actually occurred, as evidenced occurred, as evidenced by the the Defendant's
Defendant's
18
19 19 declarations to the violations, violations, the
the Defendant's
Defendant'spositive
positivetest
testresults,
results,and
and his
his admission
admission on the record
20 20 to the violations. Based on the the violation
violation reports,
reports, Probation's
Probation's testimony at the theRevocation
Revocation Hearing,
21 and the the parties'
parties' arguments, the court arguments, the courtfinds finds that
thatthe
theDefendant
Defendanthas
hasviolated
violatedmultiple
multiple conditions
conditions of
22 his probation on several occasions.
occasions.
23 23 B. The TheDefendant's
Defendant'sviolations
violations warrant
warrant revocation
revocation of probation.
24 24
25 With regard With regard to probation
probation revocation, the the Supreme
Supreme Court of
ofthe
the United
United States
States has
has noted
26 26 that "the State State clearly
clearlyhas
has an
an interest
interest in
in punishment
punishment and deterrence, but this this interest can
can often
often be
27 served fully by alternative means ...
alternative means [T]hestate ... [T]he stateisisnot
notpowerless
powerlesstotoenforce
enforcejudgments
judgments against
against
28
Decision Decision & Order
Order Re. People's
People's Motion
Motiontoto Revoke
RevokeDefendant's
Defendant's Probation
Probation
People v. Salas,CF0504-20 Salas, Page 8 of l11
11
those financially unable to pay a fine.
fine. For
For example,
example, the
the sentencing
sentencing court could extend the time for 1
22 making making payments, payments, or
or reduce
reduce the
the fine,
fine, or
or direct
direct that the probationer perform some form of labor or oflabor
33 public service in lieu of the fine." Bearden v.
v. Georgia, 461 U.S. 660, 671-72 (internal (internal citations
4 4 and quotations quotations omitted).
omitted).
5 As mentioned
mentioned earlier,
earlier, the court may revoke revoke probation
probation ifif itit finds finds that
that the probationer
probationer has
6
"inexcusably "inexcusably failed failed to
to comply
comply with
with aa substantial requirement requirement imposed
imposed as
as a condition
condition of
of the order." as
7
8 99 GCA GCA §§ 80.66(a)(2). In other 80.66(a)(2). In other words, words, aa probationer's
probationer's violation
violation of
of probation
probation warrants revocation warrants revocation
99 when when the the violation
violation upsets
upsets the intent
intent of
of the probation conditions. In Camacho, the Supreme Court 10 of of Guam held held that the probationer's probationer's failure
failure to
to report
report for drug testing was serious enough to warrant 11 11 revocation when considering the condition condition being
being violated
violated was treatment. Camacho, Camacho, 2009 Guam
12 12
13 13 ~ 32.
6 1[ 32. Despite Despitenot
not paying
paying the
the fine
fine as
as required
required under probation, probation, the
the Supreme
Supreme Court of Guam
14 14 reasoned reasoned that failure to pay a fine alone was not not as serious as not reporting for drug tests, because 15 15 the defendant defendant was convicted
convicted of
ofdrug-related
drug-related offenses
offenses and
and had
had drug
drug testing
testing listed
listed as
as a probation of
of
16 16 condition to ensure the the defendant
defendant remained
remained sober.
sober. Id.
Id
17 17 Here, all conditions of
of the
the Defendant's
Defendant's probation are outstanding:
outstanding: treatment;
treatment, community
18 18
19 19 service, service; fines and fees, fees; and self-help meetings. Revocation Revocation Hr'g
Hr'g Mims.
Mins. at 2:37:32-37:50PM
2:37:32-37:50PM (Oct.
20 20 15, 2024). During the Revocation hearing, Defendant Defendant Salas indicated that he still had four more 21 complete his
years to complete his conditions.
conditions. Id.
Id. at
at 2:43 :32--43
:32-43 :46PM.
:46PM. The
The court
couldasked
askedthe
theDefendant
Defendant whether
whether
22 he had any any justification for failing failing to
to comply
complywith
withhis
hisprobationary
probationary conditions.
conditions. Despite
Despite his
his
23
24 "it's not the end of the world" if revoked, the Defendant indication that "it's Defendant also referenced previous 24
25 25 transportation issues transportation issues and and aa knee
knee injury.
injury. Revocation Hr'g
Hr'g Mims.
Mins. at 2:52:00-52:41PM (Oct.
(Oct. 15,
15,
26 26 2024). 27
28
Decision Decision &&Order
OrderRe.
Re. People's
People's Motion
Motionto to Revoke
Revoke Defendant's
Defendant's Probation
People People v. Salas, CF0504-20 CF0504-20
Page Page 9 of
of 11
The substantial
substantial requirement
requirementimposed
imposedasasaa condition
condition in
in this case is the
this case the Defendant's Defendant's
1
2 2 completion of completion oftreatment.
treatment. The
The purpose
purpose of a condition
condition for
for treatment
treatment is sustained
sustained sobriety;
sobriety, however,
however,
3 sobriety becomes unattainable sobriety unattainable without without the
the right support. The
right support. The court
court had
had given the
the Defendant
Defendant
4 4 opportunities before considering multiple opportunities considering revocation, including including transferring
transferring him to
to traditional
traditional
5 probationary supervision and andreleasing
releasinghim
himfrom
from DOC
DOC to get back in compliance.
compliance. While the
the court
6 6
7 aware of the difficulties is aware difficulties in in dealing
dealing with
with addiction,
addiction, the
the Defendant
Defendant cannot expect to overcome his 7
8 addiction if he he will
willnot
notput
put in
in the
the effort
efforttotoattend
attendand
and complete
complete treatment
treatment programs
programs provided to
9 9 him.
him.
10 Unless the court determines determines that
thatrevocation
revocation"will
"will best
best satisfy
satisfy the
the ends
ends of
ofjustice
justice and
and the
II 11 interests of
best interests the public" under of the under all circumstances, circumstances, the
the court
court shall
shall not
not revoke
revoke probation for
12 12
13 13 violation of violation ofaa condition.
condition. 99 GCA
GCA§§80.66(a)(2).
80.66(a)(2).InInthis
thiscase,
case,Defendant
DefendantSalas
Salas picked
picked up
up four
four new
new
14 14 cases cases over the past over the pastfour
fouryears;
years,one
onewhich
whichwas
wasfor
forAggravated
AggravatedAssault
Assault(As
(As a 3rd
3rdDegree
Degree Felony).
Felony).
15 15 Since Since this 2020 2020 case
case began, the Defendant's began, the Defendant's four new new matters
matters show an
an escalation
escalation in the
the
16 16 Defendant's crimes from Defendant's crimes from Possession Possessionto
to Aggravated
Aggravated Assault.
Assault. The
The court
court fears
fears that
thatifif itit were to
17 17 18 release the Defendant another another time then he may commit a worse crime crime as
as aa result of
ofhis
his untreated
untreated
18
19 19 addiction.
addiction.
20 20 Despite Despite the availability
availability of
ofservices
services and
andcourt-ordered
court-ordered drug
drug and
and alcohol
alcohol counseling,
counseling,
21 Defendant Salas has Defendant Salas has shown shown that
that he
he cannot complete treatment cannot complete treatmenton on his
his own.
own. In Guam,
Guam, the
the
22 Departmentofof DeptMent Correctionsprovides Corrections providesaaResidential Residential Substance
Substance Abuse
AbuseTreatment
Treatment("RSAT")
("RSAT") program
23
24 for for its its inmates
inmates who are
are battling
battling addiction.
addiction. Rather
Rather than
than leave the
the Defendant
Defendant to
to seek
seek treatment
treatment on
24
25 25 his own, the court believes believes that
that it is in
in the best interests of the public and will best best satisfy
satisfy the
the ends
ends
26 26 ofjustice of justicetotoallow allowthe
theDepartment
DepartmentofofCorrections Correctionstotosupervise
superviseand
andassist
assistthe
thedefendant
defendant on
on his
his path
path
27 27 through the to recovery through theRSAT RSAT program.
28 28
Decision Decision &
&Order
Order Re.
Re. People's
People's Motion
Motionto to Revoke
Revoke Defendant's
Defendant's Probation
People People v.
v. Salas, CF0504-20
CF0504-20
Page Page 1010 of
of 11
CONCLUSION
2 Because the Defendant made a factual determination that Defendant Matthew Salas 3
4 violated his probationary conditions and has inexcusably failed to comply with treatment as a
5 substantial condition, the court finds that revocation of the Defendant's probation will best satisfy 6 the ends of justice and the best interests of the public. Therefore, the Court hereby REVOKES 7 the Defendant's probation in the above-captioned matter. The Defendant is hereby 8
9 SENTENCED to serve THREE (3) years of incarceration at the Department of Corrections,
10 Mangilao, and shall receive credit for time already served in this matter. The Court shall issue a 11 Judgment concurrent with this Decision and Order revoking the Defendant's probation, and 12 imposing the remainder of the _Defendant's three-year sentence.
13
14
15 No further proceeding is scheduled before this court.
16 DEC 1 8 2024
SO ORDERED this ~---'=-=----=-------
17
18
19
20
21 LE ALBERTO E. TOLENTINO
22 Judge, Superior Court of Guam 23 SERVICE VIA EMAIL I acknowledge that an electronic 24 copy of the original was e-mailed to:
25 ~( f0sG 26
27
28
Decision & Order Re. People's Motion to Revoke Defendant's Probation People v. Salas, CF0504-20 Page 11 of 11