People v. Taitague

CourtSuperior Court of Guam
DecidedFebruary 17, 2025
DocketCF0177-14
StatusUnknown

This text of People v. Taitague (People v. Taitague) is published on Counsel Stack Legal Research, covering Superior Court of Guam primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Taitague, (superctguam 2025).

Opinion

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5 IN THE SUPERIOR COURT COURT OF OF GUAM GUAM 6 ) CRIMINAL CRIMINAL CASE CASE NO. NO. CF0177-14 CF0177-14 7 PEOPLE OF GUAM, GUAM, )) GPD Report Report No. No. 13-16876 13-16876 )) 8 vs. )) 9 ) )) 10 10 LYNDA LYNDA SABLAN SABLAN TAITAGUE, )) aka Olympia Sablan Taisacan ) 11 11 aka Oli Taisacan ) aka Olmpia Olimpia Sablan Sablan Taisacan )) DECISION DECISION & ORDER 12 12 aka Lynda Lynda Taitague ) RE. DEFENDANT'S DEFENDANT'S MOTION MOTION TO aka Olmpia OlimpiaSablan Sablan Oly Oly )) RECONSIDER REVOCATION REVOCATION AND 13 1 REDUCTION REDUCTION OF SENTENCE aka Oly Taisacan )) 14 aka Olympia Sablan Taisagan ) aka Jane Doe )) 15 15 DOB: DOB: 09/13/1978 09/13/1978 or or 05/08/1978 05/08/1978 ) 16 16 or 08/08/1978 )) ) 17 17 Defendant. )) - - - - - - - - - - - - - - - ~ )w 18 18

19 19 This matter came came before before the the Honorable Honorable Alberto Alberto E. Tolentino Tolentino on on April April26, 26, 2024, 2024, through through 20 20 a motion. motion. Through Through her her counsel counsel Public Public Defender Defender Stephen Stephen Hattori, Hattori, Defendant Defendant Lynda Lynda Sablan Sablan 21 ("Defendant") filed Taitague ("Defendant") filedaaMotion MotiontotoReconsider ReconsiderRevocation Revocationand and Reduction of of Sentence. No Sentence. No 22 22 responsive pleadings were Hled filed by the People of of Guam Guam ("People"). ("People"). The court court did did not ind it not find 23 23

24 24 necessary to hear hear oral oral arguments on the Defendant's Motion. Having Defendant's Motion. Having duly considered considered the

25 25 Defendant's Defendant's Motion and and the applicable applicable law, the the court court now now issues issues this this Decision Decision and and Order Order 26' 26. GRANTING IN PART AND DENYING IN PART the Defendant's Motion Motion to to Reconsider Reconsider 27 27 Revocation Revocation and and Reduction of Sentence. 28 28

Decision Decision && Order Order Re. Re. Defendant's Defendant's Motion MotiontotoReconsider ReconsiderRevocation Revocationand and Reduction Reduction of ofSentence Sentence People v. Taitague, CF0177-14 v. Taitague, CF0177-14 Page Page 11 of8 of 8 BACKGROUND 1

2 On August August 10, 10, 2014, 2014, the the Defendant was charged Defendant was charged via via Indictment Indictmentfor for the the offense offense of

3 POSSESSION OF A SCHEDULE II CONTROLLED CONTROLLEDSUBSTANCE SUBSTANCE(As (Asaa3rd 3rd Degree Degree Felony). 4 . . . . See Indictment (Aug. See IndIctment 10, 2014). (Aug. 10, 2014). Whlle While on on pre-trlal pre-trial release, release, the Adult Adult Probatlon Probation Office 5 ("Probation")filed ("Probation") filednine nineviolations violationsagainst againstthe the Defendant Defendant for for violating violating her conditions. 1 The her conditions? The court court 6 6

7 accepted the Defendant's eventually accepted Defendant's guilty guiltyplea pleaas as to to her herfelony felonypossession possessioncharge chargeon onJanuary January 4,

8 8 See Judgment 2019. See Judgment(Jan. (Jan.30, 30,2019). 2019).Since Sincethe thecourt's court'sacceptance acceptanceof of her herguilty guilty plea, the Defendant

9 9 received twelve received twelve more more violations violations from from Probation Probation for forviolating violatingher herprobationary conditions. 2 probationary conditions 10 10 Shortly Shortly after the the Defendant was picked Defendant was picked up up on a warrant warrant of of arrest, the People arrest, the People filed its 11 11 to Revoke Motion to Revoke Probation 6, 2023. Probation on April 6, 2023. See See Ppl.'s Pp1.'s Mot. Mot. Revoke Revoke (Apr. 6, 6, 2023). 2023). The 12 12

13 13 Defendant subsequently subsequentlyfiled filed her herOpposition Oppositionto tothe theMotion Motionon onApril April 25, 25, 2023. 2023.See SeeDef.'s Def.'s Opp'n

14 14 (Apr. 25, 2023). (Apr. 25, 2023). After Afteraabrief briefcontinuance continuance for forthe the scheduled scheduled Revocation RevocationHearing, Hearing, the the court court heard heard 15 15 oral arguments on the arguments on theDefendant's Defendant's revocation revocation on on July 17, 2023. 2023. Following Following the the hearing, hearing, the court 16 16 took the matter Linder advisementpursuant under advisement pursuantotoSupreme SupremeCourt Courtof ofGuam GuamAdministrative Administrative Rule Rule 06- 17 17 001, CVR 7.l(e)(6)(A) 001, CVR 7.l(e)(6)(A)and andCR1.1 CRl.1ofofthe theLocal LocalRules Rulesofofthe theSuperior Superior Court Court of ofGuam. Guam. 18 18

19 19 On January 18,2024, January 18, courtfiled thecourt 2024,the filedits itsDecision Decisionand andOrder Ordergranting grantingthe thePeople's People'sMotion Motion

20 to Revoke Revoke the the Defendant's Defendant's Probation Probation and and sentenced the Defendant sentenced the Defendanttotothree three(3) (3) years years of 21 imprisonment with credit for for time time sewed. served.See SeeDecision Decisionand andOrder Order(Jan. (Jan. 18, 18, 2024). 2024). Pursuant Pursuant to 8 22

23 23

24 24 11 See See 1st It Violation ViolationReport Report(Mar. (Mar. 26, 26, 2018), 2nd Violation 2018); 2nd Violation Report Report (May (May 8,8, 2018); 2018); 3rd 3rd Violation Violation Report (May 29, 29, 25 2018); 4th Violation Report 4th Violation Report (June 27,2018); (June 27, 2018); 5th 5thViolation Violation Report Report (Aug. (Aug. 23, 2018); 6th Violation Report (Sept. 24, 2018), 2018); 7th 7th Violation Violation Report Report (Oct. 1,6, 2018), 8th Violation Report (Dec. 3, 1,6, 2018); 3, 2018), 2018); 9th 9th Violation Violation Report Report (Dec. (Dec. 31 31, 26 2018). 2 2 See 1st See 1stViolation Violation Report Report(Feb. (Feb. 6, 6, 2019); 2019), 2nd 2nd Violation Report (Mar. Violation Report (Mar. 25, 25, 2019); 2019), 3rd 3rd Violation Violation Report Report (Aug. (Aug. 12, 12, 27 27 2019); 4th Violation Violation Report (Aug. 23, 23, 2019); 2019); 5th 5th Violation Violation Report Report (Sept. (Sept. 19, 19, 2019); 6th Violation Report (Sept. 19, 6th Violation 2019); 7th Violation Report (Oct. (Oct. 30, 2019); 2019); 8th Violation Violation Report Report (Nov. (Nov. 13, 13, 2019); 2019); 9th 9th Violation Report (Oct. 30, 28 28 2020); 10th Report (Dec. 10th Violation Report (Dec. 15, 2021); 2021); nth 11thViolation ViolationReport (May18, Report(May 2022);12th 18,2022); 12th Violation ViolationReport Report (June (June 27, 2022). 2022).

Decision & Decision Order Re. & Order Re. Defendant's Defendant's Motion Motiontoto Reconsider ReconsiderRevocation Revocationand and Reduction Reduction of ofSentence Sentence People v. Taitague, CFO 177-14 Taitague, CFOl77-14 of8 Page 2 of GCA GCA §§120.46, 120.46, the the Defendant Defendant timely timely filed filed her her Motion Motion to to Reconsider Reconsider Revocation Revocation and and for for 1

T

2 2 Reduction of Sentence ("Motion to Sentence ("Motion to Reconsider") Reconsider") on on April April26, 26, 2024. 2024.

3 DISCUSSION 4 The court A. The court finds finds that that there there are are .no no grounds grounds to to reconsider reconsider Defendant Defendant Taitague's Taitague's 5 revocation of probation. revocation

6 Under the the Local Rules of ofthe the Superior Superior Court of of Guam: Guam: 7 (d) d) Motion Motionfor forReconsideration. Reconsideration.

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