People v. Siota

Opinion

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5 IN THE SUPERIOR COURT

COURT OF

OF GUAM

GUAM

6

7 )) CRIMINAL CRIMINAL CASE NO. no. CF0589-14 7 PEOPLE OF GUAM, PEOPLE ) GPD Report No.

No.14-32475

14-32475 u

8 )) CRIMINAL CASE NO. no. CF0770-18 vs. )) GPD GPD Report No.

No.18-36895

18-36895

9 )

10 10 )

FILI, FILI, bIoTA, SIOTA, JR. )) DECISION DECISION & ORDER

)) RE. PEOPLE'S

PEOPLE'S MOTION

MOTION TO REVOKE

11 DOB:02/24/1967 DOB: 02/24/1967 DEFENDANT'S DEFENDANT'S PROBATION

)

12 12 )

Defendant. Defendant. )) )

13 13 ________________ > 14 14 This matter came

came before

before the

the Honorable

Honorable Alberto

Alberto E. Tolentino

Tolentino on

on September

September 3, 2024,

2024, for

15 15

16 16 a Revocation Revocation Hearing.

Hearing. Defendant Fili Siota, Siota, Jr.

Jr. ("Defendant") was present with counsel counsel Public

17 17 Defender Stephen Stephen Hattori. Assistant Attorney Hattori. Assistant Attorney General General Kathleen

KathleenO'Neil

O'neil was

was present for the

the

18 18 People of of Guam

Guam ("People"). During

During the hearing, the court court heard

heard the parties' arguments arguments on the

19 19 People's People's Motion Motionto

to Revoke

Revokethe

the Defendant's

Defendant's Probation.

Probation. Following

Following the

the hearing,

hearing, the court took the 20 20

matter under advisement matter under advisement pursuant pursuanttotoSupreme

SupremeCourt

Courtof

of Guam

Guam Administrative

Administrative Rule 06-001, 06-001,

21

22 22 CVR 7.l(e)(6)(A)

CVR andCR 7.l(e)(6)(A)and CR1.1 1.1ofofthe

theLocal

LocalRules

Rulesofofthe

theSuperior

SuperiorCourt

Court of

ofGuam.

Guam. Having

Having duly

duly

23 23 considered the parties' briefings, briefings, oral

oral arguments,

arguments, and

and the applicable law, the the court

court now

now issues

issues

24 24 this this Decision Decision and

and Order

Order GRANTING the

the People's

People's Motion

Motion to

to Revoke

Revoke the

theDefendant's

Defendant's

25 25 Probation.

26 27 27 \\\ 28 \\

Decision & Order

Order Re.

Re. People's

People's Motion

Motiontoto Revoke

Revoke Defendant's

Defendant's Probation

People v,

v. Siota CF0770-18 Jr., CF0589-14 & CF0770-18 Siota Jr.,

Page Page 1 of

BACKGROUND

1

2 A. The TheDefendant's

Defendant'sViolations

Violations on

on Pre-trial

Pre-trial Release

Release

3 On December December 2, 2014, Defendant Defendant Siota was charged with Possession charged with of a Schedule Possession of Schedule IIII 4 . .

Controlled Controlled Substance (As a Third Substance (As Thlrd Degree Felony).

Felony). Indictment

IndIctment (Dec. 2, 2014). Before the court 5 accepted Siota's guilty accepted Siota's guilty plea, plea, the

the Probation

ProbationServices

ServicesDivision

Division("Probation")

("Probation") filed eighteen (18)

(18)

6 6

7 violations against violations against the Defendant.

Defendant. For the first violation, violation, the

the report

report indicated

indicated that:

that:

7

8 1.

1. Defendant

Defendant failed

failed to

to submit

submit toto aa Urinalysis Urinalysis test

test in

in December

December 3, 3, 2014.

2014. The

defendant was instructed

instructedto to wait

wait in the testing area, area; he then left the probation 9 office.

10 2. The

The defendant

defendant submitted

submitted to to a drug

drug test

test on

on December

December 9, 9, 2014,

2014, with

with the

the

probation office and probation office and tested tested presumptive

presumptive positive

positive for

formethamphetamine.

methamphetamine. He

11 11 admitted admitted toto ingesting

ingesting an illegal controlled controlled substance

substance via declaration.

declaration. This is

his first positive test.

test.

12

13 13 1st ViolationReport let Violation 10,2014).

(Dec.10,

Report(Dec. 2014). For Forthe

the second

second violation,

violation, Probation's

Probation'sreport

report indicated

indicated that:

that:

14 The defendant defendant failed to report report to probation three times probation three times weekly for for drug

drug testing.

testing.

The defendant

defendant was ordered to to report to to probation every Monday, Wednesday, Wednesday, and and

15 He failed

Friday. He failed to

toreport

reportDec.

Dec.10,

10,12,

12,15, 17, 19,

15, 17, 19, 22,

22, 24,

24, 31,

31, Jan. 2, 5,

Jan. 2, 5, 7,

7, & 9. It

16 is noteworthy noteworthy to mention

mention that

that he was

was seen

seen exiting

exiting his

his Orange

Orange Charger

Charger andand

walling into walking into the

the Liberty

Liberty House

House Game RoomRoom inin Banigada.

Barrigada.

17

18 2nd Violation Violation Report Report (Jan.

(Jan. 12,

12, 2015).

2015). The

The violations

violations were

were addressed

addressed before

before the

the Honorable

Honorable

18

19 19 Vernon P. Perez Perez on

on January

January 20,

20, 2015. Criminal Trial Setting 2015. Criminal Setting Mins, Mins. at

at 3:59:23PM

3:59:23PM (Jan.

(Jan. 20,

20,

20 2015).

2015). The Defendant was also also declared

declaredlegally

legally eligible

eligible to

to participate the Adult participate in the Adult Drug Drug Court

Court II

II

21 Program ("Adult Drug Court"). Ppl.'s Declaration (Jan. 21, 2015). For Program ("Adult For the the third

third violation, the

22 report indicated that:

that:

23 23 The Defendant

Defendant failed to to refrain refrain from

from ingesting

ingesting any

any illegal

illegalcontrolled

controlledsubstances.

substances.

24 24 On On February

February 11,

11, 2015,

2015, the Defendant admitted, through a signed declaration, admitted, through declaration, to 25 ingesting ingesting an illegal

illegal controlled

controlled substance,

substance, namely

namely "ice"

"ice"onon2/9/2015

2/9/2015 around

around

l0:30PM. 10:30PM. This

This is

is the

the Defendant's

Defendant's second positive.

26

27 3rd Violation Violation Report Report (Feb.

(Feb. 11,

11, 2015).

2015). The

Thecourt

court held

heldaaFurther

Further Proceedings

Proceedings on

on February

February 17,

17,

27

28 2015, where the 2015, where the Defendant Defendant answered

answeredfor

forthe

the violation

violation and

and was

was sanctioned

sanctionedsix

six(6)

(6) days

days of

Decision Decision &&Order

Order Re.

Re. People's

People's Motion

Motiontoto Revoke

Revoke Defendant's

Defendant's Probation

People v. Siota Jr., CF0589-14 & & cF0770-18 CF0770-18

Page Page 2 of confinement at the the Department

Departmentof

of Corrections.

Corrections. Further

FurtherProceedings

ProceedingsMins.

Mins. at

at9:45:48AM

9:45:48AM (Feb.

1

2 17, 17, 2015). For the fourth violation, violation, the

the report

report indicated

indicated that:

that:

3 The Defendant failed to report report to probation

probation three times weekly for for drug drug testing

testing as

as

instructed. The Defendant was released from confinement instructed. The confinement on on February February 23,

23, 2015.

2015.

4 Since his release,

release, the

the Defendant

Defendant has

hasfailed

failed to

to report

report to

to the

the Probation

ProbationOffice

Office on

on the

5 following followingdate:

date:February

February27,

27, March

March 3,

3, and

and 4,

4, 2015.

2015.

6 6 4th Violation Violation Report Report (Mar.

(Mar.5,5,2015).

2015). The

Thecourt

courtaddressed

addressed this violation

violation in

in aa Further

Further Proceedings

7 on March 9, 2015.

2015. For

For the

the fifth

fifth violation,

violation, the

the report

report indicated

indicated that:

that:

8 The Defendant failed to report to the Office three the Probation Office three times a week for for drug

drug

9 testing as instructed. The Defendant was released from confinement instructed. The confinement on on February

February

rd

10 23'd. Since his

. Since his release

release the

the Defendant

Defendant has

has failed

failed to

to report

report to Probation

Probation on the

the

following followingdates:

dates: February

February 27, March 3,

3, 4,

4, 6,

6, 9,

9,and

and11,

ll, 2015.

2015.

11 5th Violation Violation Report Report (Mar.

(Mar. 13,

13, 2015).

2015). Due

Due to

to the

the Defendant's

Defendant's lack

lack of reporting, the

ofreporting, the court

court issued

issued

12 12

13 1 a warrant warrant for his arrest arrest on March 17, 2015. Further 17, 2015. FurtherProceedings Proceedings Mins.

Mims.atat9:57:46AM

9:57:46AM (Mar.

(Mar. 17,

17,

14 14 2015).

2015). The warrant was returned warrant was on May returned on May 1, 2015, 2015, which led Probation Probation to report

report aa sixth

sixth

15 15 violation. For For the

the sixth

sixth violation,

violation, the

the report

report indicated

indicated that:

that:

16 1. 1. On

OnMay

Mayl, 1,

2015,

2015,the

thedefendant

defendantwas

waspicked

pickedupup ononan

an active

active warrant

warrant signed on

17 March 17, 2015 17, 2015 by by the Honorable Honorable Vernon P. Perez, Judge. The Vemon P. Perez, Judge. The defendant defendant

opted opted to admit

admit toto ingesting

ingesting an

an illegal

illegal controlled

controlled substance "math" via substance "meth" via

18 18 declaration and no

no test

test was

was conducted.

conducted.This

This is

is his

his third

third positive

positive test.

test.

19 2. The

TheDefendant

Defendantalso

also failed

failedto

toreport

report to

to the

the Probation

Probation Office

Office three

three times

times a week

20 for drug drug testing.

testing. The Defendant

Defendant last

last checked

checked in with

with Probation

Probation was onon

February 25, 2015.

2015.

21

22 22 6th Violation Violation Report Report (May

(May1,1,2015).

2015).During

Duringthe

theReturn

ReturnofofWarrant

Warranthearing,

hearing, the

the court

court addressed

addressed

23 23 this this violation and committed Siota and committed Siota to

to the

the Department

Departmentof

of Corrections

Corrections("DOC")

("DOC") until

until his

his next

next

24 . . . .

of Warrant

hearing. Return of Warrant Hr'g Hr'gMlns.

Mins.atat4:4:10:26PM.

10:26PM.On

OnJune

June17,

17,2015,

2015, the

the parties

parties stipulated

stipulated to

25 the Defendant's off-island off-island travel,

travel;and

and the

the court

court ordered

ordered the

the Defendant

Defendant to

to return

return his

his passport

passport to

26 27 27 the the court court upon upon his return.

return. Stip.

Stip. and

and Order

Order (June

(June 17,

17, 2015).

2015). Despite

Despite reminders

reminders to report,

report,

28

Decision Decision &&Order

Order Re.

Re. People's

People's Motion

Motiontoto Revoke

Revoke Defendant's

Defendant's Probation

People People v. Siota

Siota Jr.,

Jr., CF0589-14 & CF0770-18 CF0770-18

Page Page 3 of

Probation reported reported a seventh

seventh violation against the Defendant.

against the Defendant. For For the

the seventh violation, the the

1

2 2 that:

report indicated that:

3 The Defendant failed to report to to the the Probation Office

Office three

three (3) times

times per

per week

week as

as

instructed. The Defendant instructed. The Defendantfailed failedto

toreport

reportto

tothe

theProbation

ProbationOffice

Office on

onthe

thefollowing

following

4 dates: June 22, 24,

June 22, 24, 26,

26, 29, and July

July 1, 2015.

2015.

5 The Defendant was present at his present at his court

court hearing

hearing before

before the

the Honorable

Honorable Vernon

Vernon P.

6 Perez on on June

June 29, 2015.

2015. The Court

Court instructed the Defendant instructed the to report Defendant to to the report to the

Probation Office after his court hearing Office after his court hearing for testing. The Defendant failed to report 7 to the Probation Office

Office on

on that

that date.

date.

8 7th Violation Violation Report Report(July

(July1,1,2015).

2015).On

OnJuly

July8,

8,2015,

2015, the

the court

court issued

issued aa warrant of arrest arrest due to

9 10 10 the the Defendant's Defendant's failure failure to report,

report, which

which was

was returned

returned on September

September 16,

16, 2015.

2015. The court

court

11 11 addressed the seventh addressed the seventhviolation violation on

on September

September 22, 2015.

2015. Because

Because the Defendant agreed agreed that he

12 12 was ready was ready to to following

following his

hisprobationary

probationary conditions,

conditions, the

the court

court granted

granted his

his release

release from

from

13 confinement but imposed house house arrest

arrestwith

withthe

the exception

exception of traveling to to and

and from

from his

his business.

business.

14 Further Proceedings Further Proceedings Mins.

Mims.atat 10:38:41AM

10:38:41AM (Oct. 19, 2015).

(Oct. 19, 2015). Less

Less than

than two

two months

months later,

later,

15 15

16 16 Probation reported an eighth eighth violation

violation against the

the Defendant.

Defendant. For the

the eighth violation, the report

17 indicated that:

that:

18 18 Defendant failed to Defendant failed to report report toto the

the probation office for probation office for three three times

times weekly

weekly drug

drug

19 19 testing.

testing. The defendant

defendant isis ordered

orderedtotoreport

reportto

tothe

theProbation

ProbationOffice

Office every Monday,

Wednesday, and Friday. Wednesday, and Friday. HeHe failed to report report on

on November

November 16, 16, 18,

18, 23,

23, 25,

25, and

and 30

20 2015 December 2, 2015.

2015 and December 2015.

21 Sth Violation Report 8th Violation Report (Dec.

(Dec. 4,

4, 2015).

2015). Although

Although he

hefailed

failedtotoattend

attendaarequired

required court

court hearing,

hearing, the

22 22 court gave the the Defendant another chanceto another chance to comply

comply with his probationary conditions, however, probationary conditions; however, 23 23 24 he still failed failed to

to report.

report. Further Proceedings Proceedings Mins.

Mins. at

at 10:25:58AM

10:25:58AM (Dec. 8,

8, 2015).

24

25 \\

26 \\ \\ 27 \\ \\ 28

Decision Decision & Order

Order Re. People's

People's Motion

Motion to

to Revoke

RevokeDefendant's

Defendant's Probation

Probation

People People v.

v. Siota Jr., CF0589-14 & CF0770-18 Page 4 of23

For the ninth violation, the report indicated that:

l ,2 failed to Defendant failed report to to report probation office to the probation office for three three times drug times weekly drug

testing. The defendant is ordered to report to the J;>robation Probation Office

Office every Monday,

3 Wednesday, and Friday. He failed to report on December December 4, 4, 7,

7, 9,

9, 11,

11, 14

14 and 16,

16,

2015.

4

5 9th Violation Report (Dec. 18, 2015).

2015). During

During a Further Proceedings, Proceedings, the

the People

People informed the

' ~.

66 court that the Defendant was absent, because he was in the hospital. Further Proceedings Mins. 7 7 10:32:41AM(Dec.

at 10:32:41AM (Dec.21, 21,2015).

2015).However,

However,the

thecourt

courtissued

issuedanother

anotheraawarrant ofarrest warrant of arrest due

due to the

8 Defendant's failure failure to inform Probation of his whereabouts. Id. Upon the warrant's return on whereabouts. Id.

9 10 10 January 6, 2016, 2016, the

the Defendant

Defendant was

was committed to DOC that same day. The court addressed the

11 11 ninth violation Defendant's ninth violation on on January

January 11,

11, 2016, where the Defendant informed informed the

the court

court that

12 12 the parties were working towards a resolution after his surgery. Return of Warrant Hr'g Hr'g Mins. at

13 11 11:45:26AM (Jan. 11, 2016).

(Jan. 2016). The

The court

court then

then released

released the

the Defendant after admonishing admonishing him to

14 14

with his

check in with his attorney attorney and Probation. Id.

and Probation. Id. at

at 11:47:52AM. For the

11:47:52AM. For the tenth tenth violation,

violation, the

the report

report

15 15

16 16 indicated that:

indicated that:

17 Defendant failed to Defendant failed to report to the probation report to office for probation office for three three times

times weekly drug

drug

testing. The defendant is ordered to report to the Probation Office Office every Monday,

18 18 Wednesday, and

and Friday.

Friday. He failed

failed to

to report

report on

on January

January 13,

13, 15,

15, 18,

18, 20,

20, 22, 25, 27,

19 and 29, 2016 and February 1 and 3, 2016.

20 10th Violation Violation Report (Feb.

(Feb. 4, 2016).

2016). The court issued another warrant for the Defendant's warrant for

21 arrest on on February

February 9,

9, 2016,

2016, which

which was

was returned

returned that same month. During the Return of of Warrant

22 hearing, the hearing, the court addressed addressed the

the violation

violation and sanctioned the and sanctioned the Defendant four four weeks at DOC.

23 23 24 Return of of Warrant Hr'g Mims.

Mins. at 11:03:25AM

11:03:25AM (Mar. 2016). For the (Mar. 3, 2016). the eleventh violation, the 24

25 25 report indicated that:

26 Defendant failed

failed to report to the probation report to probation office office for weekly drug

drug testing.

testing. The

27 defendant defenda nt is

is ordered

der ed to

to report

epor t to the Probation

to the tion Office Office once

once a week. He la last

st

reported on May 6, 6, 2016. He failed to report on May 9-13 9-13 and

and May

May 16-20,

16-20, 2016.

28 The undersigned probation officer contacted the 19, 2016 via the defendant on May 19,

Decision Decision &&Order

Order Re.

Re. People's

People's Motion

MotiontotoRevoke

Revoke Defendant's

Defendant's Probation

People v. Siota Jr., CF0589-14 & CF0770-18 CF0770-18

Page of23 Page 5 of23 telephone and ordered telephone and ordered the the defendant

defendanttoto report

reportto

to the

the Probation Office. The Probation Office.

1 defendant still failed to report to Probation.

2 nth Violation 11th ViolationReport Report (May

(May23,

23,2016).

2016).On

Onthe

thesame

sameday

dayProbation

Probationissued

issued the

the Defendant's

Defendant's

3

4 eleventh violation, violation, the

the court

court addressed

addressed it in a Further Further Proceedings. During this proceeding, the 4

5 5 Defendant informed informed the

the court

court that

that there was a death in the family. Further Further Proceedings

Proceedings Mims.

Mins. at

6 6 4:08:11PM 4:08:llPM (May 23, 23, 2016).

2016). However, the

the court

court decided to

to hold off

off on

on any

any sanction

sanction for a few

7 7 weeks. Id. weeks. Id. at 4:

4:14:50PM. One month

14:50PM. One month later, later,Probation

Probationfiled

filed aa twelfth

twelfth violation.

violation. For the

the twelfth

8 violation, the violation, the report report indicated

indicated that:

that:

9

10 Defendant failed to Defendant failed to report report to

to the

the Probation

Probation Office

Office for weekly drug

drug testing.

testing. The

defendant defendant isis ordered

orderedtoto report

reportto to the

the Probation

ProbationOffice

Office once

once a week.

week. HeHe last

last

11 11 reported on May 6, 6, 2016.

2016. Attempts

Attempts mademade to

to contact

contact the

the defendant

defendant via telephone

telephone

were unsuccessful.

unsuccessful.

12 12

13 13 12th Violation Report 12th (June 23, Report (June 23, 2016).

2016). As

As aa result

result of

ofthe

the violation,

violation,the

thecourt

courtissued

issued another

another

14 14 warrant of arrest arrest on

on June 27, 2016,

June 27, 2016, which

which was returned

returned three

three days

days later.

later. The court

court addressed

addressed the

15 15 twelfth violation violation at

at aa Return

Return ofofWarrant

Warranthearing

hearing where

wherethe

thecourt

courtsanctioned

sanctioned the

the Defendant.

Defendant.

16 16 Return of of Warrant Hr'g

Hr'gMims.

Mins. at

at 11:05:32AM (June

(June 30, 2016).

17 17 On August

August 3,

3, 2016

2016 Attorney

AttorneyAnthony

AnthonyPerez

Perezentered

enteredhis

hisappearance

appearance as

assubstituted

substituted

18 18

19 19 End ofAppearance

counsel for the Defendant. Entry of Appearance(Aug.

(Aug.3,3,2016).

2016).Although

Althoughthethecou1"c

court released

released the

the

20 20 Defendant on August 8, 2016, the Defendant 2016, the Defendantreceived received another

anotherviolation

violation the

the following

following month.

month.

21 For For the thirteenth violation, the the report indicated that:

that:

22 22 Failed to report

report to the

the Probation

Probation Office three

three (3) times

times aa week

week in

in person

person as

as

23 23 .instructed for urinalysis urinalysis testing.

testing. The

The defendant last reported instructed for defendant last reported on September September 9,

24 2016. 2016. Attempts to contact the defendant via telephone were unsuccessful.

unsuccessful.

24

25 13th 13th Violation Report Report (Sept.

(Sept. 27,

27, 2016).

2016). On

On the

the same

same day

day Probation

Probation issued the violation, the issued the the 26 26 court issued bench warrant issued a bench warrant against againstthe

theDefendant.

Defendant.Further

FurtherProceedings

ProceedingsMins.

Mins. at

at 9:04:55AM

9:04:55AM

27 27 (Sept. 27, 27, 2016).

2016). The

The warrant

warrant was

was returned November 29, returned on November 29, 2016, 2016, and the

the thirteenth

thirteenth violation

violation

28

Decision Decision &&Order

Order Re.

Re. People's

People's Motion

Motiontoto Revoke

Revoke Defendant's

Defendant's Probation

People People v. Jr., CF0589-14 & CF0770-18 v. Siota Jr., CF0770-18 Page Page 6 of was addressed addressed on on December 1,

1, 2016.

2016. On

On January

January 12,

12, 2017,

2017, the

the court granted his conditional 1

2 2 Siota'sthird-party release to Siota's third-party custodians.

custodians. Order (Jan. 12, 2017).

Order (Jan.

3 28, 2017, On March 28, 2017, the

the court held a Further

Further Proceedings.

Proceedings. During this proceeding, the 4 , .o . .

court modified court the Defendant's rnodlfied the Defendant's release release conditions

conditions by:

by: (1)

(1)releasing

releasingthe

theDefendant's

Defendant'sth1rd-party

third-party

5 custodians; (2) custodians, (2) lifting the the Defendant's

Defendant's house

house arrest,

arrest; and (3) reducing

and(3) reducing check-ins check-ins with Probation

6 7 rather from rather from three three times

times aa week

week to

to once

once a week.

week. Further

FurtherProceedings

ProceedingsMins.

Mins. at

at9:21:20AM

9:21:20AM (Mar.

(Mar.

7

8 8 28, 2017).

28, 2017). Unfortunately, Unfortunately, Probation issued issued a fourteenth

fourteenth violation against against the Defendant

Defendant the

9 9 following followingmonth.

month. For

Forthe

the fourteenth

fourteenth violation,

violation, the

the report

report indicated

indicated that:

that:

10 Defendant failed Defendant failed to report to to report the Probation to the Probation Office weekly weekly in

in person..

person. The

11 1 defendant last defendant last reported

reported on

on March 20, 2017.

March 20, 2017. Attempts Attempts made

made to contact

contact the

the

defendant via telephone were unsuccessful.

unsuccessful.

12

13 13 14th 14th Violation Report (Apr.

(Apr. 13,

13, 2017).

2017). Ten

Ten days

days later,

later, Probation

Probation filed

filed another

another violation

violation against

against

14 14 the Defendant.

Defendant. For the the fifteenth violation,

violation, the

the report

report indicated

indicated that:

that:

15 15 1. 1. On

OnApril

April18,18,2017,

2017,aaFurther

FurtherProceedings

Proceedings was was heard heard before

before the

the Honorable

Honorable

16 16 Vemon Vernon P. Perez. The defendant's wife was present in Court. She indicated the P. Perez. The defendant's wife was present in Court. She indicated defendant defendant waswas ill.

ill. The Court

Court continued

continued the the hearing hearing to to April 25,

25, 2017

201 7 and

and

17 17 instructed the wife instructed the wife and defendant's attorney attorney to have thethe defendant defendant report to

the the Probation

Probation Office. To To date, date, the

the defendant

defendant has reported. On has not reported. On April 24, 24,

18 18 2017, attemptswere 201 7, attempts weremade madebybythe

theProbation

Probationoffice

officeto

tocontact

contactthe

thedefendant

defendant. ...

19 19 however however were

were unsuccessful.

unsuccessful. The defendant defendant last

last reported on March

March 20,

20, 2017.

2017.

The defendant waswas instructed instructedtotoreport

reporttotothe

theProbation

ProbationOffice

Office once a week in

20 20 person.

person. , 21 15th 15th Violation Report Report (Apr.

(Apr. 24, 2017). 1 The

24, 2017).1 The next

next day,

day, the

the court

court held

held aaFurther

Further Proceedings

Proceedings

22 where the Defendant's where Defendant's absence absence at the proceeding resulted resulted in aa bench

bench warrant

warrant for his

his arrest.

arrest.

23 23 24 Further Proceedings Mins.

Further Proceedings Mins. at 9:16:27AM (Apr.

(Apr. 25,

25,2017).

2017). On

OnJuly

July13,

13, 2017,

2017, the

the warrant

warrant was

was

24

25 25 retuned, returned; and and the

the could

court addressed thewarrant addressed the warrantand

andfifteenth

fifteenthviolation

violation four days

days later.

later. Return

Return of

26 26 Warrant Hr'g Mins.

Warrant Hr'g Mins. at at 9:02:11AM

9:02:llAM (July

(July 17, 2017). On

17, 2017). On August

August 7,

7, 2017,

2017, the

the Defendant

Defendant was

was

27 27 assessed and assessed anddeemed deemedclinically

clinicallyeligible

eligible for

for Adult

Adult Drug

Drug Court

Court II.

II. Declaration

Declaration (Aug.

(Aug. 7, 2017).

28 11 The personal personaltelephone

telephonenumbers

numberslisted

listedwithin

withinthe

the15th

lathViolation

Violation Report

Report have

have been

been redacted.

redacted.

Decision Decision &&Order

Order Re.

Re. People's

People's Motion

Motiontoto Revoke

Revoke Defendant's

Defendant's Probation

People v. Siota Jr., People Jr., CF0589-14 & CF0770-18 CF0770-18

Page Page 7 of

The court court then

then released

released the

the Defendant on August

Defendant on 29, 2017, August 29, and ordered 2017, and that the ordered that Defendant the Defendant

1

2 2 check in with with Probation

Probation three (3) times aaweek.

(3) times Further Proceedings week.Further Mins. at Proceedings Mims. 10:32:56AM at 10:32:56AM

3 (Aug. 29, 29, 2017).

4 On On September 29, 2017,

September 29, Anthony Perez AttorneyAnthony

2017,Attorney filed a Motion Perez filed this from this

Motion to Withdraw from

5 matter. Meanwhile, Probation matter. Meanwhile, sixteenth violation against reported a sixteenth

Probation reported the Defendant.

against the the Defendant. For the

6 7 sixteenth violation, violation, the

the report

report indicated that:

indicated that:

7

8 to the Defendant failed to report to Probation Office the Probation three (3) times Office three week for times a week drug

for drug

testing. testing. The defendant orderedto is ordered

defendant is reportto to report theProbation tothe Office every Monday, ProbationOffice

9 Wednesday Wednesday and failed to Friday. He failed

and Friday. report on to report September 18, on September 20, 22, 18, 20, 25, 27

22, 25, and

27 and

10 29, 29, 2017.

2017. Attempts

Attempts made

made to contact

contact the the defendant via telephone defendant via were telephone were

unsuccessful. unsuccessful.

111

Amended Amended 16th 16th Violation Report

Report (Oct. 3, 2017).

(Oct. 3, Thecourt 2017). The addressed the courtaddressed sixteenth violation the sixteenth

12 12

13 13 during during a Further Further Proceedings

Proceedings held

held on

on October 3,

3, 2017. the proceeding, During the

2017. During Attorney Perez proceeding, Attorney

14 14 indicated his intent intent to withdraw from the matter but to withdraw held off but held to ensure

off to smooth ensure the Defendant's smooth 15 15 transition between attorneys.

attorneys. Further

FurtherProceedings

ProceedingsMins.

Mins. at

at 10:20:24AM

10:20:24AM (Oct. 3,

3, 2017). Further,

2017). Further,

16 16 the court ordered that that the

the Defendant

Defendant attend

attendcourt

courtdaily

daily as for the sanctionfor

as aa sanction sixteenth violation.

the sixteenth violation.

17 17 Id. However, However, aaweek

weekafter

afterthe

thecourt

courtissued

issued this

this sanction,

sanction, Probation filed another another violation. For

18 18

19 19 the seventeenth violation, the the report indicated that:

that:

20 20 1)

1) Failed

Failedtotoreport

reportto

to the

the Honorable

Honorable Vernon

Vernon P.

P. Perez's serve courtroom daily to serve

Perez's courtroom

his sanction

sanction as

as ordered

ordered on October 3, 2017.

2017. The defendant

defendant last

last reported on

21 Wednesday October 2017.

October 4, 2017.

22 2) Failed

Failedtotoreport

reporttotothe

theProbation

Probation Office

Officethree

three (3) weekas timesaaweek

(3)times instructed.

asinstructed.

23 23 The defendant failed to report onon Friday, October October 6, 2017.

6, 2017.

24 24 17th Violation Report (Oct. 9, 17th Violation 9, 2017).

2017). The

The following

followingday,

day,the held aa Further courtheld

thecourt Proceedings;

Further Proceedings,

25 25 however, the Defendant Defendant was not present. ProceedingsMins.

Further Proceedings

present. Further at 9:38:59AM Mins. at 10, 9:38:59AM (Oct. 10,

26 26

27 27 2017). Although Although the

the Defendant

Defendant was

was not

not present,

present, his

his mother

mother was the court inform the

was present to inform that court that

28 he was was ill.

ill. Id.

Id. Despite

Despite his

his absence,

absence, the

the court

court granted Attorney Perez's withdrawal granted Attorney the withdrawal from the

Decision Decision &&Order

Order Re.

Re. People's

People's Motion

Motiontoto Revoke Defendant's Probation Revoke Defendant's

People People v.

v. SiotaJr.,

Jr., CF0589-14

CF0589-14 & CF0770-18

CF0770-18

Page Page 8 of matter andappointed matter and appointedthe thePublic

PublicDefender

DefenderService

ServiceCorporation

Corporation("PDSC")

("PDSC") to

to represent

represent him once

1

2 again. Id.

again. Id. Two Two days

days later,

later, Probation

Probation reported

reported an

an eighteenth

eighteenth (18th)

(18th) violation

violation against

against the

the

3 Defendant, which which stated that:

stated that:

4 Defendant failed to Defendant failed to refrain refrain from

fromingesting/consuming

ingesting/consuming illegal illegal controlled controlled

5 substances.

substances. OnOnOctober

October 3,3, 2017,

2017, the

the defendant

defendant submitted

submittedto to aa drug drug test

test at the

the

Probation Office which yielded presumptive positive results for 6 methamphetamines.

methamphetamines. The The defendant defendantdenied

deniedusingusing any

any illegal

illegal drugs

drugs andand his urine

urine

sample was sent sample was sent for

for off-island

off-island confirmation.

confirmation. On On October October 10,

10, 2017,

2017, the Probation

7 Office Office received

received confirmed

confirmed results

results that

that the defendant's urine was defendant's urine was positive positive for

8 methamphetamines.

methamphetamines. This This is is his

his fourth

fourth ((4"1)

th

positiveand ) positive andfirst

first(1

(la')) challenged test.

st

9 18th Violation Report (Oct. 12, 18th Violation 12, 2017).

2017). Since

Since the

the violation's

violation's filing,

filing,the

thecourt

courtheld

heldthree

three Further

Further

10 | . - u Proceedings in in thls

this case before issuing

issuing a bench warrant

warrantfor

for the

the Defendant's

Defendant's arrest

arrest on

on November

November

11 On January

6, 2017. On January 10, 10, 2018,

2018, the

the warrant

warrant was

was returned

returned and

and the

the Defendant

Defendant was

was committed

committed to

12 12 2 13 13 DOC.2 During During aa Progress

Progress Hearing,

Hearing, the

the court

court addressed

addressed the

the Defendant's

Defendant's seventeenth

seventeenth and

and

14 14 eighteenth violations, which Siota admitted to. Progress Hr'g admitted to. Hr'g Mims.

Mins. at

at 3:10:15PM

3:10:15PM (Jan.

(Jan. 16,

16,

15 15 2018). 16 16 On On March

March 14,

14, 2018,

2018, the

the court

court released

released the

the Defendant

Defendant on

onan

an unsecured

unsecured bond and set the 17 17 matter for a Change matter for Change of Plea Plea hearing.

hearing. Pre-Trial Conference Conference Mins.

Mins. at 10:49:23AM

10:49:23AM (Mar. 14,

14,

18

19 19 2018).

2018). On April April 24,

24, 2018,

2018, the

the court

court accepted

accepted the

the Defendant's

Defendant's guilty

guilty plea

plea pursuant

pursuant to the

the

20 20 conditions reflected in conditions reflected in his his Adult

Adult Drug

Drug Court

Court Plea Agreement.

Agreement. Change

Change of

of Plea Hr'g

Hr'g Mims.

Mins. at

at

21 11305: 13AM(Apr. 11:05:13AM (Apr. 24, 24, 2018).

2018).

22 22

23 23 B. The TheDefendant's

])efendant's Violations in Adult Violations in Adult Drug

Drug Court

Court II

II Program

24 While enrolled

enrolled in Adult

Adult Drug

Drug Court,

Court, the

the Defendant accumulateda atotal Defendant accumulated totalofoffive five (5)

(5)

25 25 violations. The Defendant violations. progressed for Defendant progressed for the the first three

three weeks of participation participation in Adult Drug Drug

26

27

28 28 2 After the Honorable Vernon P. Perez issued a bench warrant, the matter was subsequently assigned to the 2 After the Honorable Vernon P. Perez issued a bench warrant, the matter was subsequently assigned to the Honorable Anita Anita A.

A. Sukola

Sukola who

who committed

committed the Defendant to to DOC.

DOC.

Decision Decision &&Order

Order Re.

Re. People's

People's Motion

Motionto

to Revoke

Revoke Defendant's

Defendant's Probation

People v. Siota People v. Siota Jr.,

Jr., CF0589-14 & CF0770-18 CF0770-18

Page Page 9 of23

Court. 3 However, Court.3 However, he he received his first violation violationin

inAdult

AdultDrug

DrugCourt

Courton

onJune

June 15,

15, 2018.

2018. For

For the

the

l 2 2 first violation, violation,the

thereport

report indicated

indicated that

that the Defendant:

Defendant:

3 1. Failed 1. Failedtotoreport

reporttotothe

the Probation

Probation Office

Officefor

forthree

three times

times weekly

weekly drug

drug testing.

testing.

The probationer isis required The probationer required to report for drug to report drug testing testing every

every Monday,

Monday,

4 Wednesday, Wednesday, andand Friday, Friday, and

and as

as instructed

instructedand

andfailed

failedreport

reporton

onthe

thefollowing

following

5 June 4, dates: June 4, 8, 1_1, 13, 2018.

8, 11,

6 This is is the

the probationer's

probationer's 1*'

1st -- 4th

4th failures

failures to for scheduled to report for scheduled drug drug tests

tests

since entering

entering the

theADCII

ADCII program.

7

8 Failedtotoattend

2. Failed attendweekly weeklygroup

groupcoimseling

counselingsession.

session. The

Theprobationer

probationer is

is required

required

to attend a weekly group

group counseling

counselingsession

sessionand

and failed

failedtotoattend

attendon

onJune

June 4 and

and

9 11, 2018.

11, 2018.

10 3. Failed Failedtotoattend

attendaascheduled

scheduled and

and confirmed

confirmed weekly

weekly case

case manager

manager meeting.

meeting.

11 The probationer probationer had a confirmed confirmed appointment

appointment to meet with

with his

his case

case manager

manager

June 4, 2018 and failed attend. on June 4, 2018 and failed to attend.

12 12 1st Violation Report 1st Violation Report (Phase (Phase I) (June

(June 15,

15, 2018). One week after his his first violation in

in Adult

Adult Drug

Drug

13 1

14 Court, Court, the the court

court issued

issued a bench

bench warrant

warrant for the

the Defendant's

Defendant's arrest

arrest on June 22, 2018.

June 22, 2018. The

14

15 15 warrant was warrant was returned returned on

on July

July 10,

10, 2018,

2018, which the

the court

court addressed.that same day.

addressed that same day. During the

16 16 Return of ofWarrant

Warrant hearing,

hearing, the court issued the court issuedaa five-day five-day sanction

sanction for

for the

the Defendant's first Adult 17 17 Drug Court violation.

violation. However, Probation Probation filed aa second violation against the Defendant violation against Defendant on 18 18 July 2018. For July 27, 2018. For the the second

second violation,

violation, the

the report

report indicated

indicated that

that the Defendant:

Defendant:

19 19

20 1. 1. Failed

Failedtotorefrain

refrainfrom

fromingesting/consuming

ingesting/consuming illegal illegalcontrolled

controlledsubstances.

substances. On

20 July July 10, 2018

2018 the probationer admitted via probationer admitted via a written written declaration to "using declaration to

21 21 met"

meth"ononJuly

July8,8, 2018.

2018.

22 22 2. Failed Failedtotoreport

report to

to the

the Probation

Probation Office

Office for

for three

three Hines weekly drug

times weekly dog testing.

testing.

The probationer is required to report to drug testing The probationer is required to report to drug testing every Monday, every Monday, 23 23 Wednesday, Friday, Wednesday, Friday, and and as as instructed

instructedand

andfailed

failedto

to report

report on

on the

the following

following

24 24 dates:

dates: July 16, 18, 19,

19, 23 and 25, 2018.

25 25 3. Failed Failed to attend

attend aa weedy

weeklygroup

groupcounseling

counseling session.

session. The

The probationer

probationer is

is

required to attend required to attend a weekly group group counseling

counseling session and

and failed to

to attend

attend on

26 26 July 16 and 23, July 23, 2018.

2018.

27 27 2nd Violation Report (Phase Violation Report (Phase I)I) (July (July 27,

27, 2018)

2018).

28 28 3 3 ProgressHr'g Progress Hr'g(May (May 4, 2018);

2018), Progress

ProgressHr'g

Hr'g (May 11,

11, 2018); ProgressHr'g

2018); Progress Hr'g (May (May 18,

18, 2018).

Decision Decision &&Order

Order Re.

Re. People's

People's Motion

Motionto

to Revoke

Revoke Defendant's

Defendant's Probation

People v. Siota Jr., CF0589-14 & CF0770-18 Page Page 10 of23

The court

court intended

intended to address the violation during address the during a Progress Progress Hearing,

Hearing, which the

the

1

2 2 Defendant failed failed to

to appear

appear for.

for. So,

So, the

the court

court issued

issued another

another bench w,arrant

warrant for

for the Defendant's

3 arrest. Progress Hr'g arrest. Mins. at 10:32:08AM Hr'g Mims. 10:32:08AM (July (July 27,

27, 2018).

2018). The

Thewarrant

warrant was

was not

not returned

returned until

4 .

December 31, December 2018. On thls 31, 2018. this same

same day,

day, the

the Defendant's

Defendant's new

new matter

~atter -- CF0770-18

CF0770-18 -- was

was

5 assigned to this assigned to this court.

court.

6

7 During the Return of Warrant Warrant hearing,

hearing, the

the court addressed the

coult addressed the second secondviolation,

violation, as

as well

well

8 as, the as, the Defendant's new criminal criminal case.

case. Ultimately,

Ultimately, the

the court

court imposed

imposed aa thirty-day

thirty-day sanction

sanction on

9 9 the Defendant the Defendant and and vacated

vacated the

the warrant.

warrant.Return

Returnof

of Warrant

WarrantHr'g

Hr'g Mins. at

at 2:18:55PM

2:18:55PM (Jan.

(Jan. 2,

10 2019). For the the third

third violation,

violation,.the

the report

report indicated that the the Defendant:

Defendant:

l11 l

11. Failed to obey

obey the

the laws

laws ofofGuam.

Guam. OnOnDecember

December29, 29,2018,

2018, the

the probationer

probationer

12 12 appeared before the appeared before the Magistrate Judge and was Judge and was charged

charged with

with Possession

Possession of a

13 13 Scheduled Scheduled IIII Controlled Substance 3rd Degree Felony) In (Asaa 3rd

Substance (As· In CF0770-18.

CF0770-18.

He is

is currently

currently being held

held on

on five

fivethousand

thousand dollars ($5,000.00) cash bail.

14 14 2. Failed

Failedtotoreport

report to

to the

the Probation

Probation Office

Office for

forthree

three times

times weekly

weekly drug

drug testing.

testing.

15 The probationer The probationer isis required requiredtoto report

report toto drug

dog testing

testing every

every Monday,

Monday,

16 16 Wednesday, Friday, and Wednesday, Friday, and as as instructed

instructedand

andfailed

failedtoto report

report on

on the

the following

following

dates: June 8, dates: June 8, 11,

11, 13,

13, 15,

15, 18,

18, 20, 22, 25,

20, 22, 25, 27,

27, 29,

29, the

the months

months ofof July,

July, August,

17 17 September, November and September, October, November and December December 2018.

18 18 3. Failed to to attend

attend aa weekly

weekly group

group counseling

counseling session.

session. The

The probationer

probationer isis

required to attend a weekly group group counseling

counseling session

session and failed to attend attend the

19 19 months months of June, July, August, June, July, August, September, September, October,

October, November and

and December

20 2018.

2018.

21 3rd Violation Report Report (Phase

(Phase I)I) (Jan.

(Jan. 8,8, 2019).

2019). The

Thecourt

courtaddressed

addressed the

the Defendant's

Defendant's third

third

22 22 violation in aa Progress Progress Hearing

Hearing held

held on

on January

January 11,

11, 2019.

2019. On

On January

January 23,

23, 2019,

2019, the

the court

court

23 23 committed committed the the Defendant

Defendant in both

both his

his cases

cases with

with an

an auto-release

auto-release date

date on

onJanuary

January 27,

27, 2019.

2019.

24 24

25 Further Proceedings Mins.

Further Proceedings Mims.at at 11:07:05AM

11:07:05AM (Jan.

(Jan. 23,

23, 2019).

2019). For

For the

the month of

of February,

February, the

the

25

26 26 Defendant attendedaamajority Defendant attended majorityof of his

his Adult Drug Cout

Cout proceedings, however, he proceedings; however, he was not not

27 reporting to Probation. This led led to Probation

Probation to file

file aa fourth

fourth violation

violationagainst

against the

the Defendant.

28 28 \\\

Decision & Order Decision Order Re. People's Motionto People's Motion to Revoke RevokeDefendant's

Defendant's Probation

Probation

v. Siota Jr.,

People v. Jr_, CF0589-14 CF0589-14 && CF0770-18 11 of23

Page 11 of23

For the fourth violation, the report indicated that the the Defendant:

Defendant:

1

2 1.

1. Failed

Failedtoto report

report toto the

the Probation

Probation Office

Office for

for three

three times

times weekly

weekly drug

drug testing.

testing.

The he pprobationer

r t i oner isi s required equ ir ed to

t o rreport

or t to dr u t es

drug t ing ever

testing y MMonday,

every onda y,

3 Wednesday, Friday, Wednesday, Friday, and and as as instructed and failed instructed and failed to to report

report on the following

following

dates: February 18, 20, 22, 25, 27, 27, March March 1, l, 5, 6, 2019.

4

5 2.

2. Failed

iled to aattend

t aa weekly

weekly grgroup

oup counseling

counseling session.

session. TThe

he pr oba t

probationer is

is

required to attend a weekly group counseling session and failed to attend on 6 18 & 25, 2019.

February 18

77 4th Violation Violation Report (Phase I) (Mar.

(Mar. 7, 2019).

2019). During

During aa Progress

Progress Hearing,

Hearing, the court

court issued

issued

8 another bench warrant after the the Defendant failed to appear. Progress Hr'g appear. Progress Hr'g Mins. a 10:42:01AM 10:42:0lAM

9 (Mar. 8, 2019).

2019). The

The warrant was

was returned

returned on April 17, 2019. On April 18, 2019, Probation filed 10 10

ll 11 a fifth violation against the the Defendant,

Defendant, which the court addressed that same day. For the fifth fifth

12 12 violation, the report indicated that the the Defendant:

Defendant:

13 13 1. Failed

Failedtotorefrain

refrain from

from ingesting/consuming

ingesting/consuming illegal illegal controlled

controlled substance.

substance. On

14 14 Aprilil 12, 12, 2019,

2019, the pr oba tioner wass aapprehended probationer ehended by Judicia r y of Gua Judiciary Guam

Marshals on an outstanding warrant of of arrest issued by the Court on March 8, 15 15 2019. The The probationer

probationer admitted

admittedtotosmoking

smoking"meth"

"met" onon April ll,

11,2019,

2019, prior

prior to

his arrest by Marshals. -

16 16

17 17 2. Failed Failedtoto report

report toto the

the Probation

Probation Office

Office for

for three

three times

times weekly

weekly drug

drug testing.

testing.

The pprobationer

r t i oner isi s required equ i r ed too rreportt to dr u g t es drug ti

testing ever y MMonday, every onda y,

18 18 Wednesday, Friday, Wednesday, Friday, and and as as instructed and failed instructed and failed to to report

report on the following

following

dates: dates: March 8, 8, 11,

ll, 13,13, 15,

15, 18,

18, 20,

20, 22,

22, 25, 27, 29,

25, 27, 29, April

April 1,1, 3,

3, 5,

5, 8,

8, 10,

10, & 12,

12,

19 19 2019.

20 20 3. Failed

iled to aattend

t aa weekly

weekly grgroup

oup counseling

counseling session.

session. TThe

he pr oba t

probationer is

is

21 required to attend a weekly group counseling session and failed to attend on March 4, 11,

ll, 18,

18, 25,

25, April

April 1,

1, & 8, 2019.

22 22

5th Violation Report (Phase I) (Apr. 18, 2019).

2019). As a sanction,

sanction, the

the court ordered the Defendant 23 23

24 24 to serve sixty (60) days at DOC for both his cases. Return of of Warrant

Warrant Hr'g

Hr'g Mims.

Mins. at 1:42:55PM

25 (Apr. 18, 2019).

2019). Due to the Defendant's Defendant's unsatisfactory unsatisfactory participation participation in Adult Drug Court, Court, the

26 26 parties filed a Stipulated Stipulated Modified

Modified Judgment, which ultimately withdrew Defendant Defendant Siota

Siota from

27 the Adult Drug Court II Program.

Program. Stipulation Modified Judgment (July 2, 2019).

Stipulation Modified

28

Decision Decision &&Order

Order Re.

Re. People's

People's Motion

Motionto

to Revoke

Revoke Defendant's

Defendant's Probation

People People v. Siota Jr., CF0589-14 & CF0770-18 CF0770-18

Page Page 12 of23

C. The

TheDefendant's

Defendant's Violations

Violations Since Termination Terminationfrom

fromAdult

AdultDrug

Drug Court

Court II

II

1

2 Since Since the Defendant's

Defendant's termination from Adult Drug Court, termination from Court, he accumulated four (4)

accumulated four (4)

3 violations. Although Although separate

separate violations were filed filed in

in CF0589-l4

CF0589-14and

and CF0770-18

CF0770-18 on

on August 27,

4 . .

both reports indicated that the 2019, both the Defendant:

Defendant:

5 Failed to report

report to the

the Probation

Probation Office

Office three

three times

times weekly.

weekly. The The probationer probationer is

6 required to report every every Monday,

Monday, Wednesday,

Wednesday, Friday,

Friday, and

and as

as instructed,

instructed, for drug

drug

testing and failed to report on the following followingdates:

dates: July

July 1,

1, 3,

3, 5,

5, 8,

8, 12,

12, 15,

15, 17,

17, 19,

19,

7 22, 24, 26, 29, 31,

31; August

August 2,

2, 5,

5, 7,

7, 9,

9, 12,

12, 14,

14, 16,

16, 21,

21, 23,

23, and

and 26, 2019.

2019.

8 1st Violation Report 1st Violation Report (Aug.

(Aug.27,

27,2019).

2019).Based

Basedon

onthis

thisviolation,

violation,the

thecourt

courtissued

issuedaabench

bench warrant

warrant

9

10 10 in both of ofthe

the Defendant's

Defendant's cases.

cases. Further Mims. at Further Proceedings Mins. at 10:43:0lAM 10:43:01AM (Aug.

(Aug. 27,

27, 2019).

111 On On the the same same day

day the

the bench

bench warrant

warrant was returned, Probation reported returned, Probation reported aa second second violations in

12 12 CF0589-14 and CF0770-18.

CF0770-18. For

For the

the second

second violation,

violation, the report indicated indicated that the Defendant:

Defendant:

133 1 1. 1. Failed

Failedtotoreport

report to

to the

the Probation

Probation Office

Office for

forthree

three times

times weekly

weekly drug

drug testing.

testing.

14 14 The probationer The probationer isis required required to to report

report to drug

drug testing

testing every

every Monday,

Monday,

Wednesday, Friday, Wednesday, Friday, and and asas instructed

instructedandandfailed

failedtoto report

report on

on the

the following

following

15 15 dates: dates: August 2828 & 30,30; entire entire month

month ofof September

September 2019,

2019; October 2, 2, 4,

4, 7, 9,

16 I6 ll, 11,14,

14,16,

16,18,

18,21,

21, and

and 23,

23, 2019.

2019.

17 17 2.

2. Failed to report

report to

to the

the Guam

Guam Behavioral

Behavioral Health

Health and

and Wellness

Wellness Center

Center for

18 18 assessment. The probationer assessment. The probationerisis ordered ordered to

to complete

complete an

an assessment

assessment for

treatment and

andhas

hasfailed

failed to

to do

do so.

so.

19 19 3. Failed

Failed to

to make

make fine

fine payments.

payments. The probationer probationer isis ordered

orderedto

to pay

pay aa fine

line of

20 $5000.00 plus court $5000.00 plus court costs costs and

and confirmation

confirmationfees

fees and

and has

has failed

failed to make

make

21 payments.

payments. The balance remains remains at

at $5,160.00.

$5,l60.00. No

No payments

payments have been

been made.

22 4. Failed Failedtotoperform

performCourt-ordered

Court-orderedcommunity

community service

servicehours.

hours. The

The probationer

probationer is

ordered ordered toto arrange schedule to arrange a schedule to complete complete one

one hundred

hundredfifty

fifty (150)

(150) hours

hours of

23 23 community service and has failed and has failed to do so.

24 24 5. Failed to

to attend

attend and

and submit

submit attendance

attendance for sober

sober support

support meetings.

meetings. The

25 probationer is ordered to attend attend twenty-four (24)

(24) sober

sober support

support meetings and

and

has failed to do so. has failed so.

26 26

27 27 2nd Violation Violation Report

Report (Oct.

(Oct. 25, 2019). 4

25, 2019).4

28 4 for the Defendant's 2nd Violation Report in CF0770-18.

4 Only the first enumerated reason was listed as a basis for the Defendant's 2nd Violation Report in CF0770-18. Only the first enumerated reason was listed as a basis

Decision Decision & Order

Order Re.

Re. People's Motion

Motion to

to Revoke

Revoke Defendant's

Defendant's Probation

People v.

v. Siota Jr., CF0589-14

CF0589-14 & CF0770-18

CF0770-18

Page 13 of23 Page 13 of23

r

The court addressed

addressed this

this violation

violation at

at the

the Defendant's

Defendant's Return of Warrant Hearing held on 1

2 October November 18, 2019, Probation October 25, 2019. On November Probation filed filed a third

third violation

violation against

against the

the

3 CF0589-14 and CF0770-18.

Defendant in CF0589-14 CF0770-18. For the third violation, the reports indicated that the 4 Defendant: Defendant:

5 Failed to refrain Failed refrain from

from ingesting/consuming

ingesting/consuming illegal illegal controlled

controlled substances.

substances. On

6 October 24, 2019, October 24, 2019, the probationer was apprehended probationer was apprehended by by Judiciary Judiciary of Guam

Guam

7 Marshals on an outstanding warrant of of arrest issued by the Court. At the Return of Warrant hearing on October 25, 2019, the Court ordered that he submit to a drug 8 test, which yielded test, yielded presumptive presumptive positive

positive results

results for

for methamphetamine.

methamphetamine. TheThe , probationer admitted

admitted to

to smoking

smoking "meth" onOctober "met" on October 23,

23, 2019. -

9

10 This marks the

the probationer's.

probationer's ptIt positive positive drug

drug test

test since

since his

his termination

termination from

from

ADCII, but 3rd positive but his 3rd positive drug drug test

test since

since coming supewision.55 coming under Probation supervision.

111

3rd Violation Violation Report

Report G\Iov. 18, 2019).

(Nov. 18, 2019). The

The Defendant

Defendant answered

answered to

to the

the court

court for

for his third

third

12 12

13 13 violation violation the following week. Although following week. Although he was still held at at this

this time,

time, the

the court

court released

released him

14 from DOC on on December

December 4,

4, 2019.

2019. On

On December

December 115 2019, the court held a Further Proceedings.

11, 2019,

15 15 Although the Defendant was not present at this proceeding, proceeding, his wife appeared appeared to inform

inform the

16 16 court that "he has been in in bed

bed for

for four

four days." Further

Further Proceedings

Proceedings Mins. at

at 10:39:37AM

10:39:37AM (Dec.

17 17 11, 2019).

2019). However,

However, Probation filed the same same fourth

fourth violation against the Defendant in CF0589-

18 18

19 19 14 and CF0770-18 on December December 30,

30., 2019.

2019. For

For the

the fourth

fourth violatioN,

violation, both reports indicated that

20 the Defendant: 21 Failed to report

report to the Probation

Probation Office three times weekly. The The probationer probationer is

22 required to report every Monday, Wednesday, Friday, and and as as instructed,

instructed, for drug

testing and failed to do so. He last reported to Probation on December 5, 2019.

23 23 24 4th Violation Report Report (Dec.

(Dec. 30,

30, 2019).

2019). Due to the Defendant's Defendant's absence

absence at

at another

another Further

Further

24

25 25 Proceedings, Proceedings, the court had to issue issue another

another bench warrant

warrant in

in both

both cases.

cases. Further

Further Proceedings

Proceedings

26 26 Mims. at 10:33:52AM Mins. at 10:33:52AM (Dec.

(Dec. 30,

30, 2019).

2019). On

On January

January 27,

27, 2020,

2020, the warrant was returned.

returned. While

27 27

28 28 55 Although Although the 3rd ViOlation Reports in Violation Reports in both both cases

cases provide

provide the

the same reason for the violation, Probation noted that the Defendant's Defendant's third

third violation in CF0770~18 CF0770-. was his first positive drug test, while on pretrial release.

Decision Decision &

& Order

Order Re.

Re. People's Motion

Motion to

to Revoke

Revoke Defendant's

Defendant's Probation

People People v. Siota Jr., CF0589-14 CF0589-14 & CF0770-18

CF0770-18

Page 14 of23

the court addressed thewarrant, addressed the warrant,ititheld heldoff

off on addressing the fourth addressing the fourthviolation violation at the Return of the Return of

1

2 2 Warrant hearing.

hearing. During

During this

this hearing,

hearing, the

the court

courtbecame

became aware

awareof

of the

the Defendant's family issues issues

3 and the the Defendant's

Defendant's readiness

readinesstotoaccept

acceptthe

thePeople's

People'sglobal

globalplea

pleaoffer.

offer. Return

Return of Warrant Hr'g

of Warrant Hr'g

4 .

Mlns. 2:06:53PM(Jan. Mins. atat 2:06:53PM 31, 2020).

(Jan. 31,

5 On On Februaly

February 5,

5, 2020,

2020, the court held a Violation Violation Hearing address the to address

Hearing to Defendant's the Defendant's

6 6

fourth violation. After fourth violation. After doing doing so,

so, the

the court

court confirmed Change of Plea to confirmed the Defendant's Change take to take

7

8 place the next day.

day. Violation

Violation Hr'g

HegMims.

Mins. at

at 10:32:

10:32:11lAM

lAM (Feb. 5, 2020).

9 D. D. The TheDefendant's

Defendant's Violations

Violations Since

Since Globalization

10 On On February 6, 2020,

February 6, 2020, the

theDefendant

Defendantpled

pledguilty

guilty before

before the

the Honorable Anita A. Sukola, Honorable Anita Sukola, l11 l

which globalized globalized CF0589-14

CF0589-14 and CF0770-18

CF0770-18 into

into one

one agreement.

agreement.The

The Defendant's

Defendant's globalized

12 12

13 13 plea plea agreement agreement allowed

allowed his

his sentences

sentences and

and probationary terms in in both

both cases

cases to run

run concurrently.

14 14 Plea Agreement Agreement at

at 4-5

4-5 (Feb.

(Feb.6,6,2020).

2020).InInaddition,

addition,the

theagreement

agreement extended

extended the

the Defendant's

Defendant's

15 15 probationary period for five probationary period five more more years

years with

with aa new expiration

expiration date of

of February

February 5, 2025.

2025.Id.

Id at

at 5.

16 16 Despite the court accepting the Defendant's Defendant's plea

plea and

and Siota

Siota agreeing

agreeing to

to all

all its

its terms under

terms under

17 17 oath, he accumulated anotherthree accumulated another three(3)

(3) violations since the globalization of For his two cases. For of his

18 18

19 the violation, the report indicated that the the first violation, the Defendant:

Defendant:

20 20 Failed to report report to the

the Probation Office three Probation Office three times times aa week.

week. He

He last

last reported

reported on

February 7, 2020 for intake and processing and has has not

not reported

reported after.

21

22 22 It It is

is noteworthy

noteworthy to

to mention

mention he

he was

was released

released from

from the

the Department

Department of Corrections Corrections

on on February 06, 2019, after 06, 2019, after taking

taking his plea.

23 23 1st Violation Report 1st Violation Report (Feb.

(Feb.20,

20,2020).

2020). On

OnFebruary

February 21,

21, 2020,

2020, the

the court held a Progress Hearing, 24 24

25 25 which which the Defendant failed failed to

toattend,

attend, and

and ultimately

ultimately issued arrest in both issued aa bench warrant for his arrest

26 26 cases. Progress Hr'g cases. Progress Mins. at l:36:37PM Hr'g Mims. l:36:37PM (Feb.

(Feb.21,

21,2020).

2020). Upon

Uponthe

thewarrant's

warrant's return,

return, the court

the court

27 27 held a Return of Warrant Warrant hearing

hearing where the Defendant answered answered for

for his first violation

violation and

and the

28

Decision Decision &&Order

Order Re.

Re. People's

People's Motion

Motionto

to Revoke

Revoke Defendant's

Defendant's Probation

People People v. Siota Jr., CF0589-14 & CF0770-18 CF0770-18

Page Page 15 of23 court vacated the warrant warrant in

in both

both cases.

cases. Return

Return of

ofWarrant

WarrantHr'g

Hr' gMims.

Mins. atat9:46:5

9:46:5lAM

lAM(NOV.

(Nov. 18,

1

2 2020). he court 2020). The court issued issued a Judgment

Judgment of

of Conviction

Conviction in

in both

both cases

cases pursuant

pursuant to

to its

its previous

previous

3 acceptance of acceptance of the February 6, 2020.

the Defendant's guilty plea on February 2020. For the Defendant's second second

4 4 violation, Probation'sreport violation, Probation's report indicated indicated that

that he violated followingprobationary violated the following probationaryconditions conditions::

5 Failuretoto report

1. Failure report to to the

the Probation

Probation Office

Office three

three times aa week.

week. He

He last

last reported

reported

6 12, 2021, by phone.

on July 12, phone.

7 Failure toto attend

2. Failure attend and and complete

complete treatment

treatment with

with Lighthouse

Lighthouse Recovery

Recovery Center.

Center.

8 His case was closed on June 14, 14, 2021 2021 due to non-attendance.

9 3. Failure

Failuretotoattend

attendand

and complete

complete 24

24 "self

"selfhelp"

help"meetings.

meetings. To

Todate,

date, no

no meetings

meetings

10 have been attended.

attended.

11 11 4. Failure Failure to

to make

make monthly

monthly payments

payments to ire

fineand

andcourt

courtcost

costofof$5,080.00.

$5,080.00. To

date, no payments have been made. 6 been made.6

12 12

13 13 5. Failure

Failure to

to perform

perform and

and complete

complete community

community service

service balance

balance of

of 88

88 hours. He

last performed on February 6, 2019 (credited form CF0589-14).

14 14 2nd Violation Report Report (Aug.

(Aug. 26,

26, 2021). On

On August

August 19,

19, 2022,

2022, the

the court

court issued

issued aa warrant

warrant for the

15 15

16 16 Defendant's arrest, arrest, which was not returned returned until April 13,

13, 2023. On June

June 8,

8, 2023,

2023, Probation

Probation

17 17 filed aa thir filed d viola third tion, rreporting violation, epor ting tha that the

the Defenda nt viola

Defendant ted the

violated the following

following prprobationary

oba tiona r

18 18 conditions: conditions 19 19 1. FFailure

a ilur tto rreport

epor ttoO tthe PProbation r oba ion Office

Office aafter being rreleased s ed from

om tthe

20 20 . Department of Corrections on May 13, 13, 2023 by Judge John John C.

C. Terlaje. He last

reported on July 12,

12, 2021, by phone..

21

22 22 2. Failure Failure toto attend

attend and

and complete

complete treatment

treatment with

with Lighthouse

Lighthouse Recovery

Recovery Center.

Center.

His case was closed on June 14, 2021 2021 due to to non-attendance.

non-attendance.

23 23 3. Failure

Failure to

to attend

attend and

and complete

complete 24

24 "self

"self help"

help" meetings.

meetings. To

To date,

date, no meetings

24 24 have been attended.

25

26 26 6 The Defendant's 2nd Violation Report in CF0589-14 filed on October 25, 2019, stated that his fine balance was 6 The Defendant's Violation Report in CF0589-14 filed on October 25, 2019, stated that his fine balance 27 27 five thousand one hundred thousand one hundred sixty sixty dollars

dollars ($5,160.00).

($5,l60.00). However, this 2nd Violation this 2nd Report shows Violation Report shows his his fine

fine balance

balance

decreasing decreasing toto five thousand thousand eighty dollars

dollars ($5,080.00)

($5,080.00) without

without the

the Defendant

Defendantmaking

makingany any.payments

payments in this

this case.

case.

28 28 Although Although the the Defendant

Defendant made

made no payments toward his fine, the Defendant stated payments toward that "[h]e stated that "[h]e converted his fines to community services."

services." Opp'n

Opp'n at

at 5 (Aug. 8, 2024).

2024).

Decision Decision &

& Order

Order Re.

Re. People's

People's Motion

Motion to

to Revoke

Revoke Defendant's

Defendant's Probation

= People

People v.

v. Siota Jr.,

Jr.,CF0589-14 & CF0770-18 CF0770-18

Page 16 of23 Page 16 of23

L

4. Failure

Failuretotoperform

performand

and complete

complete community

community service

service balance

balance of

of88

88 hours.

hours. He

1 last performed on February February 6,

6, 2019

2019(credited

(credited form

form CF0589-14).

2 3rd Violation Violation Report Report (June

(June 8,

8, 2023).

2023). Hoping

Hoping to

to address

address the

the Defendant's

Defendant's progress

progress in

in his

his cases,

cases,

3

4 the Defendant was not present at his present at his Progress

Progress Hearing

Hearing on September 5, 2023, September 5, 2023, which led the 4

5 court to issue issue another bench warrant warrantfor

for his arrest. Hr'g Mins.

arrest. Progress Hr'g Mins.atat2:30:04P1VI (Sept. 5, 2:30:04PM (Sept.

6 6 2023). On On June

June 12, 2024,

2024, the warrant was returned.

returned. On June 18, 2024, June 18, 2024, the

the Defendant answered

7 7 for for his his failures failures to

toreport

reportat

ataa Return ofWarrant

Return of Warranthearing

hearingbefore

beforethe

theHonorable

HonorableJonathan

JonathanR.

R.Quam.

Quan.

8 E. E. The TheDefendant's

Defendant'sRevocation

Revocation Hearing

Hearingon

onSeptember

September 3,

3, 2024

2024

9

10 The court

court held aa Progress

Progress Hearing

Hearing on

on July 18, 2024, where the People July 18, People expressed expressed its

its

11 11 intention to seek revocation intention to revocation of the Defendant's probation. Progress Hr'g probation. Progress Hr'g Mins. at at 3:19:17PM

3:19:17PM

12 12 (July (July 18, 18, 2024).

2024). In turn, the People tum, the People filed its its Motion

Motion to

to Revoke

Revokethe

theDefendant's

Defendant's Probation

Probation

13 13 ("Motion") ("Motion")ononJuly July25,

25,2024,

2024,arguing

arguingthat

that the

the Defendant's

Defendant's consistent

consistent violations and and failure

failure to

14 14 avail himself himself to supportive

supportive services warrant revocation. Ppl's warrant revocation. PpI's Mot. Revoke Revokeat

at 55 (July

(July 25,

25, 2024).

15 15

16 16 The Defendant subsequentlyfiled Defendant subsequently filedhis his Opposition

Oppositiontotothe

thePeople's

People's Motion on August 8,

17 17 2024.

2024. In his Opposition, the Defendant acknowledged his past past violations but also

also shed light on

18 18 his progress towards completion of of his

his probationary

probationary conditions,

conditions, such

such as attending some

as attending some of

of the

19 19 required self-help meetings. Opp'n Opp'n at

at 55 (Aug.

(Aug. 8,8,2024).

2024). He

Healso

alsoreasoned

reasoned that

that the

the passing

passing of his

20

wife, mother, mother, and

and younger sister the last two years sister within the years attributed to his attributed to his struggle struggle to

to fully

21

22 22 comply with with his

his probationary conditions. Id.

probationary conditions. Id. The The court then set the

then set the matter for a Revocation matter for

23 Hearing to to take

take place on

on September

September 3, 2024.

2024.

24 During During the

the Revocation Hearing,

Hearing, Probation broke

broke down the

the Defendant's history

history before

25 25 the the court heard heard the

the parties'

parties' arguments. The People reiterated its essential arguments. The bases for essential bases for revocation 26

27 outlined in its Motion, namely:

namely: the

the Defendant's lack of "partial "partial compliance"

compliance" with

with conditions,

conditions;

28 28 the Defendant absconding absconding from the court, court; and

and the eleven

eleven bench

bench warrants

warrants issued

issued in

in CF0589-14

CF0589-14

Decision Decision &&Order

OrderRe.

Re. People's

People's Motion

Motionto

to Revoke

Revoke Defendant's

Defendant's Probation

People People v. Siota Jr.,

v. Siota Jr., CF0589-14 & CF0770-18 CF0770-18

Page Page 17 of23 alone. alone. Revocation Hr'g Mims.

Mins. at 2:25:40-26:40PM (Sept. 3, 2024).

2:25:40-26:40PM (Sept. 2024). Contrary to the Contrary to the People's 1

2 position, the the Defendant

Defendant informed

informed the

the court

court that

that although

although he had picked up a new case in 2018, 2018,

3 he had: attendedtwenty-four had: attended twenty-four(24)

(24) self-help

self-help meetings;

meetings, went through

throughNew

New Beginning's

Beginning's in-patient

in-patient

4 . . . I program, and performed program; and performed more more than

than eighty-eight

eighty-elght (88)

(88) hours

hours of

of community service. Id.

community service. Id. at at

5 2:26647-29:18PM. However, the 2:26:47-29:18PM. However, the Defendant Defendant had

had not submitted

submitted the

the proper

proper documents

documents to

6 7 corroborate his progress with Probation. After After hearing

hearing the

the parties'

parties' arguments,

arguments, the court took the 7

8 8 matter under advisement matter under advisementand andinstructed

instructedthe

theDefendant

Defendanttotosubmit

submitproof

proof of

of his progress

progress to

9 9 Probation. 10 10 On October 29, 2024,

2024, Probation

Probation filed

filed an Informational

Informational Report regarding the the Defendant's

11 11 probation status. Upon probation status. Upon Probation's Probation's verification, verification, the

the Defendant

Defendant has

has not

not completed

completed these

these

12 12

13 13 remaining conditionsof remaining conditions of probation:

probation:(1)

(1) fine

fine and

and court

court cost

cost totaling

totaling Five

Five Thousand

Thousand Eighty

Eighty

14 Dollars Dollars ($5,080.00), (2) a community ($5,080.00); (2) community service service balance

balance of eighty-eight

eighty-eight (88)

(88) hours,

hours; and

and (3)

(3)

15 15 treatment withLighthouse treatment with LighthouseRecovery Recovery Center

Center ("LRC")

("LRC") asasrecommended

recommended by

by the

the Guam

Guam Behavioral

16 16 Health and Wellness Wellness Center.

Center. Informational

Informational Report (Oct. 29, 2024).

17 17 DISCUSSION

18 18

19 19 If Ifthe

the court

court finds

finds that

that the Defendant has

has "inexcusably

"inexcusably failed

failed to

to comply

complywith

withaasubstantial

substantial

20 20 requirement imposedas requirement imposed asaa condition condition of

of the

the order,"

order," itit may

may revoke

revoke probation

probation and

and sentence

sentence or

21 resentence the offender. resentence the offender. 99 GCA GCA §§ 80.66(a)(2).

80.66(a)(2). IfIfaacourt

courtchooses

chooses to

to revoke

revokeprobation,

probation, the

the court

court

22 22 may may sentence the Defendant sentence the Defendanttoto any any sentence

sentencethat

thatmay

mayitithave

haveoriginally

originally imposed.

imposed.99GCA

GCA §§

23 23 24 80.66(b).

80.66(b). However, it shall shall not

not revoke

revoke probation

probation for violation

violation of

ofaacondition

conditionunless

unless the

the court

court

24

25 25 determines thatrevocation determines that revocation"will "will best satisfy

satisfy the ends

ends of

of justice

justice and

and the

the best

best interests

interests of the

the

26 26 public"

public" under all circumstances.

under all circumstances.99GCA GCA §§ 80.66(a)(2).

80.66(a)(2).

27

28

Decision Decision &&Order

Order Re.

Re. People's

People's Motion

Motionto

to Revoke

Revoke Defendant's

Defendant's Probation

People People v. Siota Jr.,

v. Siota Jr., CF0589-14 & CF0770-18 CF0770-18

Page Page 18 of23

The Supreme

Supreme Court of Guam

Guam held that

that "probation is aa favor favor granted

granted by the

the state,

state, not aa

1

2 2 right to which a criminal defendantisis entitled."

criminal defendant entitled." People People v.

v. Camacho, Guam661],r 26 (quoting Camacho, 2009Guam

3 3 Parker Parker v.

v. State,

State, 676 N.E.2d 1083,

676 N.E.2d 1085 (Ind.

1083, 1085 Ct. App.

(Ind. Ct. To revoke 1997)). To

App. 1997)). revoke aa Defendant's Defendant's

4 u . . .

probation, the probation, make two the court must make two determinations.

determinations. First,

Flrst, the

the court

court must

must "make factual

"make a factual

5 5 determination thataaviolation determination that violation of aa condition condition of

ofprobation

probation has

has actually

actually occurred."

occurred." Camacho,

Camacho,

6 7 7 ,r 27

2009 Guam 66 1] 27 (quoting Parker, 676 N.E.2d 1083 at 1085).

1083 at If the violation 1085). If violation is is proven,

proven, then

then

8 8 the court court must must"determine

"determineifif the

theviolation

violation warrants

warrantsrevocation

revocationof

of probation."

probation." Id.

Id

9 A.

A. The TheDefendant

Defendantviolated

violatedthe

the conditions

conditions of his probation.

10 10 The standard for determining standard for determining whether whether aa probationer

probationerviolated

violated a condition of probation probation is

11 11 that that "the evidence evidence and

and the

the facts

facts be

be such

such as

as reasonably

reasonably necessary to satisfy the judge that necessary to that the the

12 12

13 13 probationer's conduct has not conduct has not been

been as

asrequired

requiredby

by the

the conditions

conditions of

of probation."

probation." Camacho,

Camacho, 2009

14 14 ,r 30 Guam 6 1[ 30 (quoting People v. 1998 Guam 10 ,r v. Angoco, 1998 117).

7).When

Whenfacing

facing revocation,

revocation, "the

15 15 defendant bearsthe defendant bears theburden burdenofofshowing

showingan

anexcuse

excusefor

forfailure

failuretotocomply

complywith

withthe

thecondition."

condition." Id.

Id

16 16 (quoting State State v.

v. Peters, 609 A.2d 40,

609 A.2d 40,43

43(N.J.

(NJ. 1992)).

17 17 For both cases, theDefendant cases, the Defendantreceived receivedaatotal

totalof

of thirty

thirty (30)

(30) violations of

of probation.

probation. The

18 18

19 19 court can make make a factual

factual determination

determination that

thatall

all these

these violations

violations actually

actually occurred,

occurred, as

as evidenced

20 by the Defendant's Defendant's several

several positive

positivetest

testresults

results and

and his admission on the

the record

record to

to the

the violations.

violations.

21 Based on the the violation

violation reports,

reports, Probation's

Probation's testimony

testimony at

at the

the Revocation

RevocationHearing,

Hearing,and

and the

the parties

parties'

22 arguments, the court arguments, the court finds finds that

thatthe

theDefendant

Defendanthas

hasviolated

violated multiple

multiple conditions

conditions of his

his probation

23 24 on several several occasions.

occasions.

24

25 B. The TheDefendant's

Defendant's violations

violations warrant

warrant revocation

revocation of probation.

26 With regard With regard to

to probation

probation revocation, the the Supreme

Supreme Court of

ofthe

the United

United States

States has

has noted

27 I - . . .

that "the State that State clearly has has an

an interest

interest in punishment and deterrence, punlshment and deterrence, but but this

thls interest can

can often

often be

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. Siota Jr., CF0589-14 & CF0770-18 Page 19 of23 served fully by alternative means ...

alternative means ... [T]he [T]hestate

stateisisnot

notpowerless

powerlesstotoenforce

enforcejudgments

judgments against

against

1

2 2 those those financially unable to pay a fine. For unable to For example, example, the

the sentencing

sentencing court

court could extend the time

3 for making making payments, reduce the payments, or reduce the fine, fine, or direct

direct that

that the

the probationer perform some probationer perform some form form of

4 . . . . .

labor or or public service in

pubic sewlce in lieu of the the fine."

fine." Bearden v.

v. Georgia, 461 U.S. 660, Georgia, 461 660, 671-72 (internal (internal

5 citations and quotations quotations omitted).

omitted).

6

7 As As mentioned

mentioned earlier,

earlier, the

the court

court may

may revoke

revoke probation

probation ififititEnds

findsthat

thatthe

the probationer

probationer has

has

8 8 "inexcusably "inexcusably failed to to comply

comply with

with aasubstantial

substantial requirement imposed as requirement imposed as aa condition condition of

of the

the

9 9 order."

order." 99 GCA GCA§§80.66(a)(2).

80.66(a)(2).InInother

otherwords,

words,a aprobationer's

probationer'sviolation

violationofofprobation

probationwarrants

warrants

10 10 . . . . u ..

revocation when the revocatlon the vlolatlon violation upsets

upsets the intent

intent of the

the probation

probation conditions.

conditions. In

In Camacho,

Camacho, the

the

11 Supreme Court of Supreme Court of Guam held that thatthe

theprobationer's

probationer's failure

failure to report for

for drug

drug testing was

was serious

serious

12 12

13 enough to warrant enough to warrant revocation when considering considering the

the condition being violated violated was

was treatment.

treatment.

14 14 Camacho, 2009 Guam Guam 6611

,i 32.

32. Despite not

not paying

paying the

the fine

fine as

as required

required under

under probation,

probation, the

the

15 15 Supreme Court of Supreme Court of Guam reasoned that Guam reasoned thatfailure failure to

to pay alone was

pay a fine alone not as was not as serious

serious as

as not

not

16 16 reporting for for drug

drug tests,

tests, because the defendant because the defendant was was convicted of

of drug-related

drug-related offenses

offenses and

and had

had

17

18 drug testing listed listed as a condition of

ofprobation

probation to ensure defendant remained ensure the defendant remained sober.

sober.Id.

Id

18

19 19 Similar to the the probationer

probationer in Camacho, the only conditions conditions pending

pending completion

completion are

are the

20 20 Defendant's Defendant's treatment, communityservice, treatment, community service, and and fine.

fine. Although the

the Defendant

Defendant informed the

the

21 court court that that he had

had completed

completed all

all self-help

self-help meetings

meetings and

and partially

partially completed

completed treatment

treatment and

and

22 community community service, Probation verified verified whether

whether he

he was

was telling

tellingthe

thetruth

truth about

about his progress in an

23

24 Informational Report.

Report.

24

25 25 Upon Probation's verification, the the Defendant only completed twenty twenty (20)

(20) out of twenty-

26 26 four (24) required required self-help

self-help meetings.

meetings. Informational

Informational Report

Report at

at 2 (Oct.

(Oct. 29,

29, 2024).

2024). Probation

Probation also

27 | . . | u .

with LRC

verified wlth LRCthat thathehe"did

"didnot

notcomplete

completehishisrecommended recommendedresidential

residential treatment

treatment and

and

28

Decision Decision & Order Re. People's People's Motion

Motion to

to Revoke

Revoke Defendant's

Defendant's Probation

Probation

People People v.

v. Siota Jr., CF0589-14 & CF0770-18 Page 20

20 of23

voluntarily discharged voluntarily himself for personal discharged himself reasons, despite personal reasons, despitebeing being against

againstclinical

clinical advice."

advice." Id.

Id.

1

2 2 Although the the Defendant

Defendant stated thathe

stated that he worked

worked full

full time volunteering with the the Department

Department of

3 Parks and and Recreation,

Recreation, specifically

specifically completing community community service

service for

forthe

the department

department under Mr.

under Mr.

4 n . . .

Roke Alcantra Roke Alcantra and and Warren

Warren Peltexer,

Pelteier, Probation

Probatlon verified

verified that thls was

that this was not

not the

the case.

case. Opp'n

Opp'n at

at 3-5

3-5

5 (Aug. (Aug. 8, 8, 2024).

2024). After

Afterconfirming

confirmingwith

withthe

thedepartment

department itself,

itself,Probation

Probation informed

informed the

the court

court that

that

6 6 7 the the Department of Parks Department of Parks and and Recreation "had no record Recreation "had record of ofthe

theDefendant

Defendant performing

performing

7

8 community service." Informational community service." Informational Report at 2 (Oct. 29, 29, 2024). Lastly, Probation verified that Probation verified that

9 9 the the Defendant had not Defendant had not made made payments

paymentstowards

towardshis

hisfine,

fine,which

whichstill

still showed

showed aa balance

balanceof

of Five

Five

10 10 Thousand Eighty Thousand Eighty Dollars ($5,080.00).

($5,080.00). Id.

Id.

11 11 The substantial requirementimposed substantial requirement imposedasasaa condition condition in

in this

this case

case is the

the Defendant's

Defendant's

12 12

13 completion Of treatment.

completion of The purpose treatment. The of aa condition purpose of condition for fortreatment

treatment isis sustained

sustained sobriety,

sobriety;

14 14 however, sobriety sobriety becomes

becomes unattainable without the unattainable without the right support. The court support. The court had

had given the

the

15 15 Defendant multiple opportunities before considering revocation.

revocation. For

Forinstance,

instance, after

after issuing

issuing many

16 16 warrants for the warrants for the Defendant's arrest arrest in both

both cases,

cases, the court

court released

released the Defendant

Defendant after he

17 17 18 constantly reassured reassuredthe

thecourt

courtof

Ofhis

hisintent

intenttotoabide

abideby

bythe

theterms

terns of

of his probation. In addition, the 18

19 19 court allowed allowed the

the parties

parties to work

work towards

towards resolution

resolution through the

the Defendant's enrollment in the

20 Adult Adult Drug Drug Court

Court II

II Program,

Program, so

so the

the Defendant

Defendant could

could prioritize

prioritize treatment.

treatment. When

When that failed, the

21 court allowed allowed the

the parties

parties to

to transfer

transfer the

the Defendant

Defendant to

to traditional

traditional supervision

supervision under

under Probation,

Probation,

22 which required less stringent check-in requirements.

requirements. When

When he

he could

could not

not comply

comply with traditional

traditional

23

supervision, the parties supervision, the partieswere were able

able to

to globalize

globalize CF0589-14 and CF0770-18 CF0589-14 and to allow CF0770-18 to allow the

the

24

25 25 Defendant more time Defendant more time to to complete

complete his

his probationary

probationary conditions

conditionsfor

forboth

bothcases

cases at

at the

the same time.

time.

26 Instead, the

the Defendant abscondedfor Defendant absconded for approximately approximatelyfour

four(4)

(4) years

years and

and eleven

eleven (11)

(11)

27 27 months. Informational Report months. Informational Report at at 22 (Oct.

(Oct. 29, 2024).

2024). He

He discharged

discharged himself

himself from

from recommended

recommended

28

Decision Decision &&Order

Order Re.

Re. People's

People's Motion

Motionto

to Revoke

Revoke Defendant's

Defendant's Probation

People People v. Siota Jr., CF0589-14 & CF0770-18 Page 21 of23 Page 21 of23 residential residential treatment atLRC treatment at LRC without continuing to complete complete the

the required

required attendance of twentyattendance of

1

2 2 four four (24)

(24) self-help

self-help meetings. While the meetings. While the court court isis aware

aware of the

the difficulties

difficulties in

in dealing

dealing with

with

3 addiction, especially when when compounded

compounded with familial

familial struggles,

struggles, the

the Defendant

Defendant cannot

cannot expect to

4 4 overcome his overcome his addiction addiction if will not

if he will not put

put in

in the

the effort

efforttotoattend

attend and

and complete

complete required

required or

5 recommended treatment treatment programs

programsprovided

provided to

to him.

him.

6 Unless the court determines determinesthat

thatrevocation

revocation"will

"will best

best satisfy

satisfy the

the ends

ends of

ofjustice

justice and

and the

the

7

8 8 best interests of the public" under interests of under all circumstances, the court circumstances, the court shall shall not

not revoke

revoke probation

probation for

9 9 violation of violation of aa condition.

condition. 9

9 GCA

GCA §§80.66(a)(2).

80.66(a)(2).While theDefendant Whilethe believes he Defendant believes he now now has

has the

the

10 10 opportunity to complete opportunity complete his his requirements

requirements before his

his probation

probation expires

expires on

on February

February 5,

5, 2025,

2025, the

11 11 court is not convinced that that he

hewill

will follow

followthrough

through after

afterthe

the court

court gave

gave him

him multiple

multiple opportunities

opportunities

12

13 1 to do SO past. And so in the past. And those those opportunities

opportunities led to thirty thirty violations, nine warrants warrants of arrest,

arrest, and

14 14 almost five five years

years of

ofthe

the Defendant

Defendant absconding

absconding from

from the

the court.

court.

15 15 The court agrees with

with the

the Defendant that

that "continued supervision would best satisfy the 16 16 ends ends of justice." Opp'n Opp'n at

at 77 (Aug.

(Aug.8,8,2024).

2024).InInGuam,

Guam,DOC

DOCprovides

providesaaResidential

ResidentialSubstance

Substance

17 17 18 Abuse Abuse Treatment ("RSAT") program Treatment ("RSAT") programfor foritsitsinmates

inmateswho

whoare

arebattling

battlingaddiction.

addiction. Rather

Rather than

than

18

19 19 leave the the Defendant

Defendant to seek

seek treatment his own, the court believes that treatment on his that DOC DOC can

can assist

assist and

and

20 support the the Defendant

Defendant on

on his

his path

pathto

torecovery

recovery through the

the RSAT

RSAT program

programififavailable.

available.The

Thec0u1"L

court

21 that it is in the

finds that the best best interests

interestsof

ofthe

thepublic

publicand will best

andwill bestsatisfy

satisfy the

theends

endsof

ofjustice

justicefor

for DOC,

DOC,

22 rather than thanProbation,

Probation,to

to continue

continuesupervision

supervision of

of the Defendant.

23 23 Because the

the Defendant has

has inexcusably

inexcusably failed to

to comply

complywith

withtreatment

treatmentas

as aasubstantial

substantial

24 24

25 25 condition of condition his probation, ofhis probation, the

the court

court kinds thatrevocation finds that revocationof

of the

the Defendant's

Defendant's probation

probation will

will best

best

26 26 satisfy the the ends

ends of

of justice

justice and

and the best interests

the best interests of

of the

the public.

public. Therefore,

Therefore, the

the court

court grants

grants the

the

27 . .

People's Motlon People's Motiontoto revoke revoke the

the Defendant's

Defendant's probation.

probation.

28 28

Decision Decision &&Order

Order Re.

Re. People's

People's Motion

MotiontotoRevoke

Revoke Defendant's

Defendant's Probation

People People v. Siota

Siota Jr.,

Jr., CF0589-14 & CF0770-18 CF0770-18

Page 2222 of23

CONCLUSION

1

2 For the reasons stated above, the Court hereby REVOKES the Defendant's Defendant's probation

probation in

3 the above-captioned the matter. The above-captioned matter. T he Defendant Defendant isis hereby

hereby SENTENCED

SENT ENCED to

to serve

serve THREE (3)

(3)

4 years of years of incarceration incarceration at the Department Department of

of Corrections,

Corrections, Mangilao, and shall receive credit for 5 time already time sewed in already served in this

this matter.

matter. TThe Court

Court shall

shall issue

issue aa Judgment

Judgment concurrent

concurrent with this

this

6

7 Decision Decision and Order revoking revoking the Defendant's probation, and imposing probation, and imposing the remainder of the

8 Defendant's three-year Defendant's three-year sentence.

9

10 A Status Hearing is scheduled before this court on November 27, 2024, at 3:00PM.

November 27,

11

12 12 SO ORDERED this NOV 0 2024 NOV 2 O

-----------

13 13

14 14 <

15 » \ "Z""'

16

17 17 HONORABLE ALBERTO E. TOLENTINO HONORABLE

18 Judge, Superior Court of Guam

19

20

21

22 22

23 SERVICE VIA EMAIL

24 II acknowledge that an electronic acknowledge that copy copy of the original

of the original was

was e-mailed

e-mailed to:

to:

25 25 &al .' Pvsc,

26 Date:

H b _Ming

f k t l l f y l f nn

27

DeputyClerk,ShphlrinrCourg0fGqam 28

Decision Decision & Order Re. People's People's Motion

Motion to

to Revoke

RevokeDefendant's

Defendant's Probation

Probation

People People v.

v. Siota Jr.,

Jr., CF0589-14 & CF0770-18 Page 23

23 of23