FIg LED 31, cL5§ CLEftK Qt? OF *8§§J??`? COURT
1 2825 FEW19£9 PM 2025 FEB PH Li: 4: 23 2 SUFEWUR mum' GF &i £ 3
5 IN THE SUPERIOR COURT COURT OF OF GUAM GUAM
6 OF GUAM, THE PEOPLE OF GUAM, CRIMINAL CRIMINAL CASE CASE no. NO. cF0681-19 CF0681-19 7
8 Plaintiffs,
9 vV. DECISION AND ORDER Re: Defendant's 's Motion Motion for Amended Amended 10 10 SHAWN MICHAEL BLAS BLAS SANTOS, Judgment 11 Defendant. 12 12
13 13
14 14 INTRODUCTION 15 15 This matter came before before the Honorable Arthur R. Barcinas on November November 19, 19, 2024, for aa 16 . . . hearing hearing on Defendant's Motlon Motion for foran an Amended AmendedJudgment. Judgment. Asslstant Assistant Attorney General General Charles Charles 17 17 Cassey presenton Carsey was present onbehalf behalfofthe of thePeople PeopleofofGuam, Guam,and andthe the Defendant Defendant was was present with counsel, 18
19 Assistant Public Assistant Public Defender Zachary Tairnanglo. Attorney Joaquin Zachary Taimanglo. C. Angola Joaquin C. Arriola also also appeared appeared on 19
20 of the alleged behalf of alleged victim. victim. After Afterreviewing reviewingthe thepleadings pleadingsand andhealing hearingoral oralarguments, arguments, the the Court 21 issues thefollowing issues the following Decision Decision and and Order. 22 22 BACKGROUND 23 23 On On December 23, 2019, the Defendant 2019, the Defendantwas wasindicted indictedfor for the the charges chargesof of Burglary Burglary (Second 24 24
25 Degree Felony), 2 Counts, Counts, Theft Theft (Misdemeanor), (Misdemeanor), and and Criminal Trespass (Misdemeanor). (Misdemeanor).
26 The charges charges stem from allegations allegations of of three three separate separate home burglaries burglaries involving the the 27 27 Defendant between between August2019 August 2019and and December December 2019. 2019. The The Defendant Defendant was was arrested arrested and committed committed 28 to the Department of Corrections Department of Corrections on on December December 14, 14, 2019. Decision and Order Re: Re: Defendant's Motion Motion for Amended Judgment CF0681 .. 19 CF0681-19
On October On October 26, 2021, the People filed an Information, amending the charges charges to to Attempted Attempted 1
2 Theft (Third Degree Felony) and Criminal Trespass (Misdemeanor). As As part of a plea agreement, part of
3 the Defendant was sentenced to five (5) (5) years of incarceration, with three (3) of in (3) years suspended, 4 4 . . u u and a period of three (3) years years probation. probation. No No parole parole was was included included in the the sentence. 5 5, 2022, On July 5, 2022, Pr Probation filed aa Violation obation filed Violation Repor Report, alleging multiple violationss by the t, allegin 6
7 7 release on Defendant upon his release on May May 27, 27, 2022. 2022. These included included failing failing to to report report to Probation Probation for
88 intake, ke, failing l i n g to t o follow l ow thee requirements r em en t s for for admission into t o the h e Lighthouse h ouse Recovery Cen Center, t
99 failing failing to to attend attend the the Recovery Recovery Oriented Systems of of Care program at New Beginnings, Beginnings, and and failing 10 inform Probation to inform ofhis Probation of his change change of ofresidence. residence. A Warrant Warrant of ofArrest Arrestwas wasissued issued on on the the same day. 11 1
On September On September 15, 2022, 2022, the the Defendant was re-committed re-committed after after being being arrested arrested for for two 12
13 13 counts of of Theft and Possession Possession of of a Sch Schedule II Con edule II Controlled tr Substance. Probation filed filed a second
14 14 Violation Report on September Repor on September 26, 26, 2022, 2022, statin stating that thee Defendant had failed failed to to obey the laws
15 15 of Guam. Th e People moved of to revoke moved to thee Defendant's evoke th probation Defen dan t's pr on September obation on September 27, 2022. 16 16 On January 8, 2024, 2024, the the Court Court granted granted the the Motion Motion to to Revoke Revoke and issued a Judgment of of 17 17 18 Revocation, sentencing the Defendant to the plea plea agreement agreement of of five five (5) (5) years years of of incarceration, incarceration, 18
19 19 with tthree (3) (3) years suspended, with credit for time served.. No parole term was added. An
20 20 Amended Judgment of Amended Judgment ofRevocation Revocation was was issued issued on on March March 15, 15, 2024 2024 cor correcting r the sentence to five
21 21 (5) years of incarceration, incarceration, with with credit credit for for time time served. served. No parole term was added. 22 22 On July 24, 2024, 2024, the the Defendant Defendant filed filed the Motion for Amended Judgment, asserting Amended Judgment, asserting that 23 23 24 the Parole office had begun preparing him for parole despite despite no terms ter ms of parole being imposed. 24
25 25 The People filed filed a non-opposition to the motion on August August 6, 6, 2024. The Cour Court took took the matter
26 26 under advisement on November 19, 2024. November 19, 27 27
28 28
Page 2 of4 Decision Decision and and Order Re: Defendant's Defendant's Motion Motionfor forAmended Judgment AmendedJudgment CF0681 CF0681-19
DISCUSSION 1
2 I. 1. Motion Motion for for Amended Amended Judgment Judgment
3 The Defendant Defendant requests amendedjudgment requests an amended judgmentunder underGuam of Civil Rulesof GuamRules Procedure Civil Procedure 4 . (GRCP) 60(a) 60(a) and and 60(b)(6). 60(b)(6). GRCP 60(a) 60(a) allows the court allows the to correct court to clerical mistakes correct clerical in mistakes in 5 judgmentsor judgments ororders ordersatatany anytime. time.GRCP GRCP 60(b)(6) 60(b)(6) permits the court courtto relieve a party torelieve firm a final partyfrom 6 6 7 for any judgment for any reason reasonjustifying relief, beyond mistakes justifying relief, ornewly mistakes or discovered evidence. newly discovered 7
8 The Defendant Defendant asserts that the asserts that the Parole Parole office office is is preparing preparing to place him under place him their under their
9 9 supervision despite despite no no mention of parole in in the the plea plea negotiations, plea agreement, judgment of agreement, judgment of 10 .. . . conviction, sentencing, sentencing, or revocation. 11 11 After After reviewing reviewing the the record record and and relevant relevant statutes, the Court statutes, the Court finds finds that that parole parole is not not 12 12
13 13 mandatory for the mandatory for the Defendant's Defendant's charges. charges.The The Defendant Defendantwas wassentenced sentencedfor forAttempted AttemptedTheft Theft(Third (Third
14 14 Degree Degree Felony) Felony) under under 99 GCA GCA§§ §§43.20(b) 43.20(b)and and43.30(a), 43.30(a), and and Criminal Criminal Trespass (Misdemeanor) Trespass (Misdemeanor) 15 15 under under 99 GCA GCA §§ 37.30(a). 37.30(a). These Thesestatutes statutes do do not not mandate parole. mandate parole. 16 16 Further, the Court's Further, the Coult's orders orders clearly clearly state state that that the Defendant is to be be placed placed on on probation probation 17 17
18 upon release, release, with no no mention of parole. parole. Therefore, Therefore, the the Court Court will willnot notamend amend its its Judgment Judgment to 18
19 19 explicitly explicitlystate state the the absence absence of parole, as as it is already clear firm fromthe theexisting existingdocuments. documents. Instead, Instead,
20 the Court orders that that the the Parole Parole office office should should not not take take the Defendant under its supervision.
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FIg LED 31, cL5§ CLEftK Qt? OF *8§§J??`? COURT
1 2825 FEW19£9 PM 2025 FEB PH Li: 4: 23 2 SUFEWUR mum' GF &i £ 3
5 IN THE SUPERIOR COURT COURT OF OF GUAM GUAM
6 OF GUAM, THE PEOPLE OF GUAM, CRIMINAL CRIMINAL CASE CASE no. NO. cF0681-19 CF0681-19 7
8 Plaintiffs,
9 vV. DECISION AND ORDER Re: Defendant's 's Motion Motion for Amended Amended 10 10 SHAWN MICHAEL BLAS BLAS SANTOS, Judgment 11 Defendant. 12 12
13 13
14 14 INTRODUCTION 15 15 This matter came before before the Honorable Arthur R. Barcinas on November November 19, 19, 2024, for aa 16 . . . hearing hearing on Defendant's Motlon Motion for foran an Amended AmendedJudgment. Judgment. Asslstant Assistant Attorney General General Charles Charles 17 17 Cassey presenton Carsey was present onbehalf behalfofthe of thePeople PeopleofofGuam, Guam,and andthe the Defendant Defendant was was present with counsel, 18
19 Assistant Public Assistant Public Defender Zachary Tairnanglo. Attorney Joaquin Zachary Taimanglo. C. Angola Joaquin C. Arriola also also appeared appeared on 19
20 of the alleged behalf of alleged victim. victim. After Afterreviewing reviewingthe thepleadings pleadingsand andhealing hearingoral oralarguments, arguments, the the Court 21 issues thefollowing issues the following Decision Decision and and Order. 22 22 BACKGROUND 23 23 On On December 23, 2019, the Defendant 2019, the Defendantwas wasindicted indictedfor for the the charges chargesof of Burglary Burglary (Second 24 24
25 Degree Felony), 2 Counts, Counts, Theft Theft (Misdemeanor), (Misdemeanor), and and Criminal Trespass (Misdemeanor). (Misdemeanor).
26 The charges charges stem from allegations allegations of of three three separate separate home burglaries burglaries involving the the 27 27 Defendant between between August2019 August 2019and and December December 2019. 2019. The The Defendant Defendant was was arrested arrested and committed committed 28 to the Department of Corrections Department of Corrections on on December December 14, 14, 2019. Decision and Order Re: Re: Defendant's Motion Motion for Amended Judgment CF0681 .. 19 CF0681-19
On October On October 26, 2021, the People filed an Information, amending the charges charges to to Attempted Attempted 1
2 Theft (Third Degree Felony) and Criminal Trespass (Misdemeanor). As As part of a plea agreement, part of
3 the Defendant was sentenced to five (5) (5) years of incarceration, with three (3) of in (3) years suspended, 4 4 . . u u and a period of three (3) years years probation. probation. No No parole parole was was included included in the the sentence. 5 5, 2022, On July 5, 2022, Pr Probation filed aa Violation obation filed Violation Repor Report, alleging multiple violationss by the t, allegin 6
7 7 release on Defendant upon his release on May May 27, 27, 2022. 2022. These included included failing failing to to report report to Probation Probation for
88 intake, ke, failing l i n g to t o follow l ow thee requirements r em en t s for for admission into t o the h e Lighthouse h ouse Recovery Cen Center, t
99 failing failing to to attend attend the the Recovery Recovery Oriented Systems of of Care program at New Beginnings, Beginnings, and and failing 10 inform Probation to inform ofhis Probation of his change change of ofresidence. residence. A Warrant Warrant of ofArrest Arrestwas wasissued issued on on the the same day. 11 1
On September On September 15, 2022, 2022, the the Defendant was re-committed re-committed after after being being arrested arrested for for two 12
13 13 counts of of Theft and Possession Possession of of a Sch Schedule II Con edule II Controlled tr Substance. Probation filed filed a second
14 14 Violation Report on September Repor on September 26, 26, 2022, 2022, statin stating that thee Defendant had failed failed to to obey the laws
15 15 of Guam. Th e People moved of to revoke moved to thee Defendant's evoke th probation Defen dan t's pr on September obation on September 27, 2022. 16 16 On January 8, 2024, 2024, the the Court Court granted granted the the Motion Motion to to Revoke Revoke and issued a Judgment of of 17 17 18 Revocation, sentencing the Defendant to the plea plea agreement agreement of of five five (5) (5) years years of of incarceration, incarceration, 18
19 19 with tthree (3) (3) years suspended, with credit for time served.. No parole term was added. An
20 20 Amended Judgment of Amended Judgment ofRevocation Revocation was was issued issued on on March March 15, 15, 2024 2024 cor correcting r the sentence to five
21 21 (5) years of incarceration, incarceration, with with credit credit for for time time served. served. No parole term was added. 22 22 On July 24, 2024, 2024, the the Defendant Defendant filed filed the Motion for Amended Judgment, asserting Amended Judgment, asserting that 23 23 24 the Parole office had begun preparing him for parole despite despite no terms ter ms of parole being imposed. 24
25 25 The People filed filed a non-opposition to the motion on August August 6, 6, 2024. The Cour Court took took the matter
26 26 under advisement on November 19, 2024. November 19, 27 27
28 28
Page 2 of4 Decision Decision and and Order Re: Defendant's Defendant's Motion Motionfor forAmended Judgment AmendedJudgment CF0681 CF0681-19
DISCUSSION 1
2 I. 1. Motion Motion for for Amended Amended Judgment Judgment
3 The Defendant Defendant requests amendedjudgment requests an amended judgmentunder underGuam of Civil Rulesof GuamRules Procedure Civil Procedure 4 . (GRCP) 60(a) 60(a) and and 60(b)(6). 60(b)(6). GRCP 60(a) 60(a) allows the court allows the to correct court to clerical mistakes correct clerical in mistakes in 5 judgmentsor judgments ororders ordersatatany anytime. time.GRCP GRCP 60(b)(6) 60(b)(6) permits the court courtto relieve a party torelieve firm a final partyfrom 6 6 7 for any judgment for any reason reasonjustifying relief, beyond mistakes justifying relief, ornewly mistakes or discovered evidence. newly discovered 7
8 The Defendant Defendant asserts that the asserts that the Parole Parole office office is is preparing preparing to place him under place him their under their
9 9 supervision despite despite no no mention of parole in in the the plea plea negotiations, plea agreement, judgment of agreement, judgment of 10 .. . . conviction, sentencing, sentencing, or revocation. 11 11 After After reviewing reviewing the the record record and and relevant relevant statutes, the Court statutes, the Court finds finds that that parole parole is not not 12 12
13 13 mandatory for the mandatory for the Defendant's Defendant's charges. charges.The The Defendant Defendantwas wassentenced sentencedfor forAttempted AttemptedTheft Theft(Third (Third
14 14 Degree Degree Felony) Felony) under under 99 GCA GCA§§ §§43.20(b) 43.20(b)and and43.30(a), 43.30(a), and and Criminal Criminal Trespass (Misdemeanor) Trespass (Misdemeanor) 15 15 under under 99 GCA GCA §§ 37.30(a). 37.30(a). These Thesestatutes statutes do do not not mandate parole. mandate parole. 16 16 Further, the Court's Further, the Coult's orders orders clearly clearly state state that that the Defendant is to be be placed placed on on probation probation 17 17
18 upon release, release, with no no mention of parole. parole. Therefore, Therefore, the the Court Court will willnot notamend amend its its Judgment Judgment to 18
19 19 explicitly explicitlystate state the the absence absence of parole, as as it is already clear firm fromthe theexisting existingdocuments. documents. Instead, Instead,
20 the Court orders that that the the Parole Parole office office should should not not take take the Defendant under its supervision. 21 21 I/H II 22 II // 23
24 I/
25 25
27 27
Page 3 of 4 Decision Decision and and Order Re: Re: Defendant's Defendant's Motion Motion for for Amended Amended Judgment Judgment CF0681-19 CF0681 19
CONCLUSION 1
2 2 Based on the the foregoing, the the Court Court hereby GRANTS Defendant's Motion Motion and and ORDERS
3 Parole Office that the Parole Office should not. supervise supervisethe theDefendant Defendantupon uponhis hisrelease. release. The Defendant Defendant having having 4 . never been never been ordered ordered on on Parole Paroleby bythe theJudgment, there is Judgment, there is no no need need to to enter enter an an Amended Amended Judgment. Judgment. 5
6 FEB-11- SO ORDERED - ~ g92025 2025- - - - 7
8 \
9 HONORABLE ARTHUR R. BARCINAS 10 10 Judge, Superior Court of Guam
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22 22 SERVICE VIA SERVICE VIA EMAIL I acknowledge that anan electronic 23 copy of the the original 0rigina| was was e-mailed to: to:
24 AG, A:4 cr PfJ'fc., Po at ¢1)-,--,,.,lct Awfglq
25 Date q:SJ'f,,.,,..,,,. IQ Time:Q-'SF DateilEEt:Time: .mf 26 A,11,.f-,,,c Ah/ lm* ..,_~ra- Civ¢» / 0-,v-- Deputy Deputy Clerk, Supéribr Court of Clerk, Sup;ourt of Guam Guam 27
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