People v. Santiago

Opinion

5 IN THE SUPERIOR COURT OF GUAM 6 ) CRIMINAL CASE NO. CF0427-15 7 PEOPLE OF GUAM, ) GPD Report No. 15-14817 )

8 vs. )

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9 )

) DECISION & ORDER 10 SCHA'KERRA MARIE BAKER RE. PEOPLE'S MOTION TO REVOKE ) DEFENDANT'S PROBATION AND SANTIAGO, 11 ) IMPOSE JAIL SENTENCE DOB: 04/11/1982 )

12 Defendant. )

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14 This matter came before the Honorable Alberto E. Tolentino on May 19, 2026, for a 15 Return of Warrant hearing. Defendant Scha'kerra Marie Baker Santiago ("Defendant") was 16 present with counsel Public Defender Earl Espiritu. Assistant Attorney General Vernon 17

18 Hosannah was present for the People of Guam ("People"). During the hearing, the court

19 addressed the warrant it previously issued for the Defendant's arrest. Upon Probation Service 20 Division's ("Probation") recommendation to revoke the Defendant's probation, the court took 21 the matter under advisement pursuant to Supreme Court of Guam Administrative Rule 06-001, 22 CVR- 7.1(e)( 6)(A) and CR 1. 1 of the Local Rules of the Superior Court of Guam. Having duly 23

24 considered the parties' briefings, oral arguments, and the applicable law, the court now issues

25 this Decision and Order GRANTING the People's Motion to Revoke the Defendant's 26 Probation and Impose Jail Sentence.

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Decision & Order Re. People's Motion to Revoke Defendant's Probation and Impose Jail Sentence v.

People Santiago, CF0427-15

BACKGROUND

2 Based on events that occurred on or about May 30, 2015, the Defendant was charged

3 with the POSSESSION OF A SCHEDULE II CONTROLLED SUBSTANCE (As a 3rd Degree 4 Felony). See Indictment (July 16, 2015).

5 A. Defendant Santiago's Violations on Pre-Trial Release 6

7 While on pre-trial release, the Defendant received a total of nine (9) violations of the

8 following conditions of her pre-trial release:

9 9. ALCOHOLD/DRUGS: Defendant shall not possess, use, and/or consume any 10 alcoholic beverages and/or illegal controlled substances. Defendant shall submit to random/weekly drug testing at the request of the Probation Office. Failure to 11 submit to testing will be considered a violation. Probation or the Police authorized to search Defendant's residence, vehicle, or person for alcoholic beverages and/or 12 illegal controlled substances. Defendant shall not enter any alcohol 13 establishment. 1

14 11. REPORTING: Defendant shall report to the Probation Office in person. 2 15 Order (Aug. 19, 2015). In regards to the Defendant's lack of reporting, it is noteworthy that the 16 court issued # warrants for her arrest while on pre-trial release. See Bench Warrant (July 13, 17 2016); see also Bench Warrant (Nov. 7, 2016). On July 17, 2017, the court deferred acceptance 18

19 of the Defendant's guilty plea for two (2) years as to POSSESSION OF A SCHEDULE II

20 CONTROLLED SUBSTANCE (As a Third Degree Felony). See Order After Hr'g (Sep. 20, 21 2017). The court subsequently placed the Defendant under Probation Services Division's 22 ("Probation") supervision for two (2) years to complete her probationary conditions. Id.

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26 1 See !st Violation Report (Sep. 25, 2015); see also 2nd Violation Report (Oct. 28, 2015); see also 9th Violation Report (June 27 20,2017). .

2 See 3rd Violation Report (Nov. 6, 2015); see also 4th Violation Report (Dec. 4, 2015); see also 5th Violation 28 Report (Jan. 21, 2016); see also 6th Violation Report (Mar. 24, 2016); see also 7th Violation Report (July 7, 2016);

see also 8th Violation Report (Nov. 3, 2016).

Decision & Order Re. People's Motion to Revoke Defendant's Probation and Impose Jail Sentence People v. Santiago, CF0427-15

B. Defendant Santiago's Violations under Probation's Supervision

2 During her time under Probation's supervision, the Defendant received a total of thirteen

3 (13) violations of the following conditions: 4 Defendant shall pay a fine in the amount of five thousand dollars ($5,000), plus 5 court costs, to be paid to the Drug Treatment and Enforcement Fund, pursuant to 9 GCA § §67.401.12 and 80.31.1, and shall be paid monthly over the probation 6 period. 3 7 Defendant shall attend two (2) recovery support group meetings per week, for 8 twelve (12) weeks after the taking of her plea, for a total of twenty-four (24)

meetings, or as otherwise ordered by the Court. 4 9

10 Defendant shall attend and successfully complete any drug and/or alcohol counseling program recommended by the Court after assessment at the Guam 11 Behavioral Health and Wellness Center at no cost to the Defendant. 5 12 Defendant shall report to the Probation Office three times per week or as ordered 13 by the Court, and at those times will take a drug test if requested. Failure to take the drug tests, if requested, will be considered a violation of probation. 6 14 Defendant shall perform one hundred fifty (150) hours of community service 15 work under the direction of the Alternative Sentencing Office. 7 16 Defendant shall obey all the laws of Guam. 8 17 Order After Hr'g at 2-5. Prior to the Defendant's twelfth violation, the People filed its Motion 18

19 to Revoke the Defendant's Probation and Impose Jail Sentence ("Motion to Revoke"). Upon

20 3 21 See Violation Report (Sep. 18, 2017); see also 2nd Violation Report (June 22, 2018); see also 3rd Violation Report (Nov. 8, 2018); see also 6th Violation Report (Oct. 29, 2019); see also 8th Violation Report (Aug. 21, 22 2021); see also 10th Violation Report (Oct. 9, 2024); see also 13th Violation Report (July 14, 2026).

4 See Violation Report (Sep. 18, 2017).

23 5 See Violation Report (Sep. 18, 2017); see also 2nd Violation Report (June 22, 2018); see also 3rd Violation

Report (Nov. 8, 2018); see also 6th Violation Report (Oct. 29, 2019); see also 8th Violation Report (Aug. 21, 24 2021); see also 10th Violation Report (Oct. 9, 2024); see also 13th Violation Report (July 14, 2026).

6 See Violation Report (Sep. 18, 2017); see also 2nd Violation Report (June 22, 2018); see also 3rd Violation 25 Report (Nov. 8, 2018); see also 4th Violation Report (Nov. 26, 2018); see also 5th Violation Report (Jan. 8, 2019);

see also 6th Violation Report (Oct. 29, 2019); see also 7th Violation Report (Jan. 7, 2020); see also 8th Violation 26 Report (Aug. 21, 2021); see also 9th Violation Report (Sep. 28, 2022); see also 10th Violation Report (Oct. 9, 2024); see also 12th Violation Report (Apr. 24, 2026). 7 27 See Violation Report (Sep. 18, 2017); see also 2nd Violation Report (June 22, 2018); see also 3rd Violation Report (Nov. 8, 2018); see also 6th Violation Report (Oct. 29, 2019); see also 8th Violation Report (Aug. 21, 28 2021); see also 10th Violation Report (Oct. 9, 2024).

8 See 11th Violation Report (Oct. 21, 2025).

Decision & Order Re. People's Motion to Revoke Defendant's Probation and Impose Jail Sentence People v. Santiago, CF0427-15 filing the Opposition to the Motion to Revoke, the court issued a warrant for the Defendant's

2 arrest on May 5, 2026. After the warrant's return on May 11, 2026, the court addressed the

3 Motion to Revoke, which it previously held in abeyance on January 8, 2026. See Return of 4 Warrant Hr'g Mins. at 3:41:27PM (May 19, 2026); see also Revocation Hr'g Mins. at 5 2:58: 17PM (Jan. 8, 2026). Ultimately, the court took the matter under advisement.

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7 DISCUSSION

8 If the court finds that a defendant has "inexcusably failed to comply with a substantial

9 requirement imposed as a condition of the order," it may revoke probation and sentence or 10 resentence the offender. 9 GCA § 80.66(a)(2). If a court chooses to revoke probation, the court 11 may sentence the defendant to any sentence that it may have originally imposed. 9 GCA § 12

13 80.66(b). However, it shall not revoke probation for a defendant's violation of a condition unless

14 the court determines that revocation "will best satisfy the ends of justice and the best interests of 15 the public" under all circumstances. 9 GCA § 80.66(a)(2).

16 The Supreme Court of Guam held that "probation is a favor granted by the state, not a 17 right to which a criminal defendant is entitled." People v. Camacho, 2009 Guam 6 ,r 26 (quoting 18

19 Parker v. State, 676 N.E.2d 1083, 1085 (Ind. Ct. App. 1997)). To revoke a defendant's

20 probation, the court must make two determinations. First, the court must "make a factual 21 determination that a violation of a condition of probation has actually occurred." Camacho, 22 2009 Guam 6 ,r 27 (quoting Parker, 676 N.E.2d 1083 at 1085). If the violation is proven, then 23 the court must "determine if the violation warrants revocation of probation." Id.

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25 A. Defendant Santiago violated the conditions of her probation.

26 The standard for determining whether a probationer violated a condition of probation is 27 that "the evidence and the facts be such as reasonably necessary to satisfy the judge that the 28

Decision & Order Re. People's Motion to Revoke Defendant's Probation and Impose Jail Sentence People v. Santiago, CF0427-15 probationer's conduct has not been as required by the conditions of probation." Camacho, 2009

2 Guam 6 ,r 30 (quoting People v. Angoco, 1998 Guam 10 ,r 7). When facing revocation, "the

3 defendant bears the burden of showing an excuse for failure to comply with the condition." Id 4 (quoting State v. Peters, 609 A.2d 40, 43 (N.J. 1992)).

5 During Probation's supervision of the Defendant, she accumulated nine (9) violations on 6

7 pre-trial release and thirteen (13) after the court entered her guilty plea. It is noteworthy that the

8 thirteenth violation was filed while the court had already committed the Defendant to the

9 custody of the Department of Corrections ("DOC"), and will not be considered in the court's 10 determination of revocation. Aside from the Defendant's thirteenth violation, the court can 11 factually determine that her violations actually occurred after reviewing the court's record of 12

13 events. For instance, her several failures to report to Probation or appear at a court-ordered

14 hearing are supported by eight (8) warrants issued for her arrest. 9 As seen in the court's review 15 of her violations above, the Defendant her either justified the violations in open court or 16 admitted to them through her written declaration. 10 17 Based on the violation reports, Probation's testimony at the Revocation Hearing, and the 18

19 parties' arguments, the court finds that the Defendant has violated multiple conditions of her

20 probation on several occasions. 21 B. Defendant Santiago's violations warrant revocation of probation.

22 With regard to probation revocation, the Supreme Court of the United States has noted 23

24 that "the State clearly has an interest in punishment and deterrence, but this interest can often be

25 served fully by alternative means ... [T]he state is not powerless to enforce judgments against

26 9 See Bench Warrant (July 13, 2017); see also Bench Warrant (Nov. 7, 2016); see also Bench Warrant (Jan. 24, 27 2019); see also Bench Warrant (Jan. 8, 2020); see also Bench Warrant (Nov. 1, 2021); see also Warrant of Arrest (Oct. 12, 2022); see also Bench Warrant (Nov. 22, 2024); see also Warrant of Arrest (May 5, 2026). 10 28 See 1st Violation Report (Sep. 25, 2015); see also 2nd Violation Report (Oct. 28, 2015); see also 9th Violation Report (June 20, 2017).

Decision & Order Re. People's Motion to Revoke Defendant's Probation and Impose Jail Sentence People v. Santiago, CF0427-15 those financially unable to pay a fine. For example, the sentencing court could extend the time

2 for making payments, or reduce the fine, or direct that the probationer perform some form of

3 labor or public service in lieu of the fine." Bearden v. Georgia, 461 U.S. 660, 671-72 (internal 4 citations and quotations omitted).

5 As mentioned earlier, the court may revoke probation if it finds that the probationer has 6

7 "inexcusably failed to comply with a substantial requirement imposed as a condition of the

8 order." 9 GCA § 80.66(a)(2). In other words, a probationer's violation of probation warrants 9 revocation when the violation upsets the intent of the probation conditions. In Camacho, the 10 Supreme Court of Guam held that the probationer's failure to report for drug testing was serious 11 enough to warrant revocation when considering the condition being violated was treatment.

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13 Camacho, 2009 Guam 6 ,r 32. Despite not paying the fine as required under probation, the

14 Supreme Court of Guam reasoned that failure to pay a fine alone was not as serious as not 15 reporting for drug tests, because the defendant was convicted of drug-related offenses and had 16 drug testing listed as a condition of probation to ensure the defendant remained sober. Id.

17 Unlike the probationer in Camacho, the Defendant's pending conditions include 18

19 treatment with Guam Behavioral Health and Wellness Center, fines and court costs, and

20 community service hours. See Return of Warrant Hr'g Mins. at 3:41:27 - 53:52PM (May 19, 21 2026). During the Revocation Hearing, the People argued that revocation is appropriate due to 22 the Defendant's noncompliance with conditions. Id. In requesting for the court to hold off on 23

24 revocation in light of the court's acceptance of her guilty plea in her other matter, the Defendant

25 reasoned that her inability to complete treatment was based on familial issues and an ongoing

26 struggle with addiction. Id. 27

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Decision & Order Re. People's Motion to Revoke Defendant's Probation and Impose Jail Sentence People v. Santiago, CF0427-15

The substantial requirement imposed as a condition in this case was the Defendant's

2 completion of treatment. When imposing treatment as a probationary condition, the purpose of

3 doing so is to achieve sustained sobriety for a defendant. As stated by Probation, the Defendant 4 did complete attendance of twenty-four self-help meetings pursuant to her Plea Agreement. See 5 Return of Warrant Hr'g Mins. at 3:41:27 - 53:52PM (May 19, 2026). However, the court gave 6

7 the Defendant multiple opportunities to complete all treatment before considering revocation,

8 such as releasing the Defendant from confinement. At the last Revocation Hearing, the court

9 held the Defendant's revocation in abeyance before it issued another warrant of arrest

approximately four (4) months later. See Revocation Hr'g Mins. at 2:58:l 7PM (Jan. 8, 2026).

11 Unless the court determines that revocation "will best satisfy the ends of justice and the 12

13 best interests of the public" under all circumstances, the court shall not revoke probation for

14 violating a probationary condition. 9 GCA § 80.66(a)(2). Rather than revoke her probation, the 15 Defendant seeks one more opportunity to complete treatment before revocation. See Return of 16 Warrant Hr'g Mins. at 3:41:27 - 53:52PM (May 19, 2026). While the Defendant desires to 17 complete treatment outside of DOC, the Defendant's pattern of release followed by a warrant 18

19 concerns the court of her ability to complete treatment after being ordered to do so since 2017.

20 Because the Defendant has inexcusably failed to comply with treatment as a substantial 21 condition of her probation, the court finds that revocation of the Defendant's probation will best 22 satisfy the ends of justice and the best interests of the public. Therefore, the court grants the 23

24 People's Motion to Revoke the Defendant's Probation and Impose Jail Sentence.

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Decision & Order Re. People's Motion to Revoke Defendant's Probation and Impose Jail Sentence People v. Santiago, CF0427-15

CONCLUSION

2 For the reasons stated above, the Court hereby GRANTS the People's Motion to 3

4 Revoke Defendant's Probation and Impose Jail Sentence, and REVOKES the Defendant's

5 probation in the above-captioned matters. The court shall issue its Judgment revoking the 6 Defendant's probation and imposing a sentence.

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9 so ORDERED, _ _ _A_uc_-,_o_s_2_02_~_ 10

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

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24 SIEIRVIC!E ,.nA E-MAmL I acknowledge that an electronic 25 copy of the original was e-mailed to:

Al,. r l"fe,

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27 Date: 1-/,i};rime: 3!$.Sp"-

28 A.Jo.,. r~~· Deputy Clerk, ~~urtoiauarrr

Decision & Order Re. People's Motion to Revoke Defendant's Probation and Impose Jail Sentence People v. Santiago, CF0427-15