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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
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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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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
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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. AAmotion motionmay maybeberenewed renewed only onlyon onthe the grounds grounds r 8 of (1) aa material material difference difference inin fact fact or orlaw lawHom fromthat thatpresented presented toto the the court court 9 before before such decision that in the such decision the exercise exercise of reasonable reasonable diligence could could not 10 10 have been known to to the the party party moving moving for reconsideration reconsideration atat the the time time of of such decision, decision, or, 11 11 (2) (2) the the emergence emergence of ofnew newmaterial material facts facts or or aa change oflaw law occurring after the time ofof such such decision, or, 12 (3) (3) aa manifest manifest showing showing ofofaafailure failure totoconsider considermaterial material facts facts presented presented to 13 13 the Court before such decision. .
14 14 No No motion motion for forreconsideration reconsideration shall shall in in any any manner manner repeat any oral repeat any oral or written written argument madein argument made insupport supportof ofor orin inopposition opposition to to the theoriginal original motion. 15 15
16 16 CR 1. 1(d)(1)-(3). CR 1. l(d)(l)-(3). In In other words, the trial trial court's reconsideration reconsideration of ofaa motion motion is is appropriate where
17 17 it: "(1) "(1) is presented with new presented with new evidence; evidence, (2) (2) committed committed clear clear error error or or the the decision decision was manifestly 18 18 unjust, or (3) unjust, or (3) if ifthere is is an an intervening change change in in controlling law."3 Petition of controlling1aw."3Petition ofQuitugua v. Flores, Quitugua v. Flores, 19 19 2004 2004 Guam Guam 19 ,r 38 (citing Ward 19 11 Ward v. Reyes, 1998 ,r 11). However, motions Guam 11 11 1998 Guam motions for 20 20
reconsideration are "both "both 'procedurally 'procedurally and and substantively deficient' if they substantively deficient' they simply simply reiterate reiterate in 21
22 22 greater detail arguments previously made before arguments previously before the the court." court."Guam Bar Ethics Ethics Comm. Comm. v.Maquera, Maquera,
23 23 2001 Guam 20 ,r 2001 Guam 1]9 (quotingMerchant 9 (quoting Merchant v. v. Nanyo Realty Inc., 1998 1998 Guam ,r Guam 26 1]8-9). 24 24
25 25
26 26 3 3 While the the Motion Motion for for Reconsideration Reconsideration up for for appeal appeal inin Petition Petition of ofQuitugua Quitugua v. v. Flores Flores was was aa civil Motion Motion for 27 27 Reconsideration filed under Reconsideration filed underCVR CVR 7.1 7.l(e), e CR CR- -1.1(d) is the 1.1 (d) is statutory authority the statutory authority forfor criminal criminal Motions Motions for for Reconsideration, which bears the same bears the samelanguage languageas asCVR CVR 7.l(e). 7.l(e). Therefore, Therefore,the thecourt courtfinds findsthat thatthe the Supreme Supreme Court 28 28 of ofGuam's Guam's analysis analysis over over aa civil civilMotion Motionfor forReconSideration Reconsideration cancan be applied to be applied to this this Motion Motion for for Reconsideration Reconsideration at at issue issue in this criminal case. case.
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 3 of8 of 8 Pursuant to 99 GCA Pursuant to GCA §§ 80.66(a)(2),4 80.66(a)(2), 4 the the Defendant Defendant argued argued that the Government that the Government failed failed to to 1
2 show that "committing "committing Ms. Ms. Taisacan will serve anyone Taisacan to prison will anyone's interests, let alone the ends of
3 justice." Def.'s justice." 's Mot. Mot. Reconsider Reconsider at at 33 (Apr. (Apr.26, 26,2024). 2024).InInarguing arguingwhy whyrevoking. revokingher her probation probation 4 would not serve the public's public's interest interest and and the interests interests of of justice, she looked at whether society 5 would be safer safer with with her her incarcerated the Department incarcerated at the Departmentof of Corrections Co1Tections("DOC") ("DOC") compared compared to 6
7. another person person "who "who poses poses aamore moreimmediate immediate threat threat to to the the community." community." Id. Id. atat4. 4. She She emphasized emphasized 7
8 that not only has she she not shown herself to be be aa threat threat to anyone anyone or or their their belongings, belongings, but but she she has has
9 also not received received new criminal criminal charges charges against her. Id. aga~nst her. Id. 10 In its its previous previous motion, the People argued argued that the Defendant's that the Defendant's failure failure to to comply with 11 11 substantial requirementsof substantial requirements of her probation did not make her a.good good candidate candidate for for probation. See 12 12
13 13 generally generally PpL's Ppl. 's Mot. Mot.Revoke Revoke(Apr. (Apr.6,6,2023) 2023}".When Whenexpanding expandingon onthis thisargument argument at at the Defendant's Defendant's
14 14 Revocation Hearing, Revocation the People Hearing, the Peoplepointed pointedout outthat that she she had made any had not made any progress progress with with treatment treatment-- 15 15 the condition condition of ofmost most concern concern to the People - since since entering enterin~ her her plea plea back in 2019. 2019.See SeeRevocation Revocation 16 16 H'rg Mins. at 3:05:40-07:20PM (July 17, 2023). H'rg Mims. 2023). 17 17 While While Defendant Defendant Taitague Taitague mainly mainly argues argues in her Motion Motion to to Reconsider Reconsider why the People 18 18
19 19 failed to failed to prove the second prove the second prong of 9 prong of 9 GCA GCA§§80.66(a) 80.66(a)in inits itsoriginal originalmotion, motion,she she does does not not present present
20 20 this argument in such argument in suchaaway waythat thatlends supportfor lendssupport forthe thecourt's court'sreconsideration reconsiderationof other revocation on her revocation 21 21 any of ofthe the three three permissible permissible grounds provided under CR1.1(d). Namely, under CRl.l(d). Namely, her her arguments arguments do not: not: 22 present the court present the court with withnew new evidence; evidence, show why the the court court either either committed clear error or was was 23 23 manifestly unjust in its unjust in its decision; decision, or or show show any any intervening intervening change change in incontrolling controlling law. 24 24
26 26 4 4 9 GCA § 80.66(a)(2) reads: "At any time before the discharge of the offender or the termination of the period of 9 GCA § 80.66(a)(2) reads: "At any time before the discharge of the offender or the termination of the period of suspension orprobation suspension or probation... ; .. the court, court, if if satisfied satisfied that the offender that the offender has inexcusably failed failed to comply complywith withaasubstantial substantial 27 27 requirement imposed as a condition condition of the order may revoke the suspension or probation of the order may revoke the suspension or probation and and sentence or re-sentence the offender. offender. Violation Violation ofofa acondition conditionshall shallnot notresult resultininrevocation, revocation,however, however,unless unlessthe thecourt courtdetermines determines that that 28 28 revocation revocation under under all the the circumstances circumstances then will best existing will thenexisting best satisfy the the ends ends of ofjustice justice and and the best interests interests of the public." public."
Decision Decision & & Order Order Re. Re. Defendant's Defendant's Motion MotiontotoReconsider ReconsiderRevocation Revocationand and Reduction Reduction of ofSentence Sentence People People v. Taitague, CF0177-14 v. Taitague, CF0177-14 Page Page 4 of8 Further, the Local Further, the Local Rules Rules of of the the Superior Superior Court Court of of Guam Guam are are clear clear in in requiring requiring that that no l 2 2 motion for for reconsideration reconsideration "shall "shall in in any any manner manner repeat repeat any oral or or written written argument argument made made in
3 support of or in opposition to support of to the the original motion." CR CR 1.1(d) 1.1 (d)(emphasis (emphasis added). added). To To support support her 4 . . . . . Motionto Motlon to Reconslder, Reconsider, she she reiterated reiterated and and elaborated on the the fact fact that that no no new new criminal cnmlnal charges have have 5 been filed against her. See against her. SeeDef. Def.'s Mot. Reconsider Reconsider at at 4 (Apr. (Apr. 26, 26, 2024). 2024). However, However, the the Defendant Defendant 6 7 made argumentduring made this argument duringher herRevocation Revocation Hearing on on July July 17, 17, 2023. 2023. When requesting the court 7
8 8 not to revoke her at revoke her at that that time, the the Defendant Defendant argued that that "while "while she she hasn't hasn't been been showing showing up, up, at at
9 9 least she she hasn't hasn't been beencoming coming in in on on new new magistrates magistratesand andnew newcharges." charges."Revocation RevocationH'rg H'rg Mins. at at 10 10 3:08:41-08:50 (July 17, 2023). Based on the 17, 2023). the Supreme SupremeCourt Courtof of Guam's analysis analysis for for motions for 11 11 reconsideration and reconsideration and CR CR 1.1(d), 1.1 this this court court denies denies reconsideration reconsideration of of Defendant Defendant Taitague's Taitague' s 12 12
13 13 revocation of of probation. probation.
14 14 B. The The court court finds finds that thatDefendant DefendantTaitague's Taitague's three-year three-year sentence would be more sentence would more appropriate appropriate if served served at at Lighthouse Lighthouse Recovery Center's in-patient treatment Recovery Center's in-patient treatment 15 15 program. 16 The court may reduce reduce a defendant's sentence within one hundred hundredtwenty twenty (120) (120) days after: after: 17 17 (1) the the imposition imposition of ofaasentence, sentence; (2) (2)the thecou1"t's court's receipt of ofaa mandate mandate issued upon upon affirmance affirmance of of 18 18
19 19 the the judgment or dismissal judgment or dismissalof of the the appeal; appeal, or or (3) (3) entry entry of of any any Supreme Supreme Court of Guam Guam order or
20 judgment that judgment thatupholds upholdsa ajudgment judgmentofofconviction. conviction.See See88GCA GCA §§ 120.46. If the 120.46. If the court court initially initially 21 imposed imposed a lawful lawful sentence, sentence, itit may may exercise exercise discretion in reducing discretion in reducing aa sentence sentenceifif "the original 22 sentence sentence now seems unduly unduly harsh" harsh" upon upon further furtherreflection. reflection. United United States v. v. Maynard, Maynard, 485 F.2d 23
24 247, 248 (9th 247, 248 (9th Cir. Cir. 1973). 1973). 24
25 Rather than than challenging challenging the the legality legality of ofher her sentence, sentence, the the Defendant the court Defendant pleas the court for 26 26 leniency through her her Motion Motion to Reconsider. See United United States v. Thayer, 857 F.2d 1358, 1360 (9th v. Thayer, 27 Cir. 1988). 1988). Specifically, Specifically,the theDefendant Defendantrequests requeststhe thecourt courtto toreduce reduce her her three-year three-year sentence sentence so so that 28
Decision Decision & & Order Order Re. Defendant's Defendant's Motion MotiontotoReconsider Reconsider Revocation Revocationand and Reduction Reduction of ofSentence Sentence Peoplev. People v. Taifague,CF0177-14 Taitague, Page 5 of 8 she may may receive receive treatment, treatment, which which is currently currently unavailable unavailable to tofemale female detainees detainees at DOC. See Def.'s See Def.'s 1
22 Mot. Reconsider Reconsider at at 11 (Apr. (Apr.26, 26, 2024). 2024). Should Should the the court court impose impose any any period of ofincarceration, incarceration, the
3 Defendant also asks that she asks that she serve serve the the imposed incarceration either at Guam Guam Behavioral Behavioral Health 4 . . | . and Wellness Wellness Center Center Women's Residential or Women's Resldentlal or at at The The Salvation Salvatlon Army Army Lighthouse Llghthouse Recovery Recovery Center 5 ("Loc"). ("LRC"). ld. Id. at at 7. 6 Although Although the the court court issued issued its Decision Decision and and Order Order revoking revoking Defendant Defendant Taitague's Taitague's 7
8 probation, the court probation, the court has hasnot notyet yet filed tiled its judgment judgment formalizing the revocation of ofprobation probation and and 9 imposition of of aa sentence. sentence. Pursuant to the Pursuant to the Defendant's Defendant's Plea Plea Agreement, "the "the Court Court may may impose 10 10 any sentence that may have been imposed originally originally for for the the crime of of which which Defendant Defendant is pleading 11 . guilty to." guilty to." Plea PleaAgreement Agreementatat44 (Jan. (Jan. 4, 4, 2019) 2019) (emphasis (emphasis added). added). 12 12
13 Defendant Taitaguepied Defendant Taitague pledguilty guiltytotothe theoffense offenseofofPOSSESSION POSSESSIONOF OFAA SCHEDULE SCHEDULE II
14 14 CONTROLLED CONTROLLEDSUBSTANCE SUBSTANCE(As a 3rd (As Degree a 3rd Felony). Degree Based Felony). onon Based this thischarge, charge,the thesubstantial substantial 15 15 requirement imposed as requirement imposed as aa condition condition in in this this case case was was the the Defendant's completion of oftreatment. treatment. 16 16 Despite waiting to to pursue pursue treatment until after the court had taken treatment until taken the the Defendant's revocation 17 18 under advisement, the under advisement, the Defendant Defendant has has now now chosen to pursue in-patient treatment pursue in-patient treatment through throughLRC. LRC. 18
19 19 Based Based on the the Defendant's history of non-compliance Defendant's history with Probation, non-compliance with Probation, specifically specifically her her lack lack of
20 reporting reporting and and lack of of progress progress towards towards treatment, treatment, reducing the Defendant's reducing the Defendant's sentence sentence is not not 21 21 appropriate. appropriate. 22 22 Given Given that that the Defendant is is serving sewing time at DOC, without without receiving receiving any any treatment treatment for her 23 23 addiction, the court finds that the the remaining remaining time of ofthe the Defendant's Defendant's three-year three-year sentence would be sentence would 24 24
more appropriate if served at a treatment treatmentfacility. 5 According to the Defendant, facility.5 25 appropriate if According LRCassessed LRC assessed her 26 26 and hadaabed and had bedwaiting waitingfor forher heras ofApril asof April 26, 26, 2024. 2024.See SeeDef. Def.'s Mot. Reconsider (Apr. 26, 's Mot. 26, 2024). 27
28 55 Upon Upon inquiry with Probation, the Defendant has 741 days of of credit credit earned in this matter.
Decision Decision &&Order OrderRe. Re. Defendant's Defendant's Motion MotiontotoReconsider ReconsiderRevocation Revocationand and Reduction Reduction of ofSentence Sentence People People v. v. Taitague, Taitague, CF0177-14 CF0177-14 Page Page 6 of8 of 8 Should Should that that bed still be available for in-patient treatment treatment at LRC, the court will allow her to serve 1
22 the remaining time of of her her sentence sentence there. If aa bed there. If bed is is no no longer longer available, available, the court court will order order that
3 Defendant Taitague Taitague remain remain at at DOC until until another bed opens up for for her her to to receive receive in-patient in-patient 4 4 LRC or treatment at LRC or another another treatment treatment program. program. If Ifnecessary necessaryto toensure ensurethe theDefendant's Defendant's enrollment enrollment 5 in in-patient in-patient treatment, the court will further treatment, the further order that LRC, LRC, or or another another qualified qualified in-patient in-patient 6
7 re-assess the treatment program, assess or re-assess the Defendant Defendant in the event a bed is no longer longer available for 7
8 her.
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Decision Decision &&Order OrderRe. Re. Defendant's Defendant's Motion MotiontotoReconsider ReconsiderRevocation Revocationand and Reduction Reduction of ofSentence Sentence People People v. v. Taitague, Taitague, CF0177-14 CF0177-14 Page Page 7 of8 of CONCLUSION
2 For the reasons stated above, the court hereby GRANTS IN PART AND DENIES IN
3 PART the Defendant's Motion to Reconsider Revocation and Reduction of Sentence. 4 Specifically, the court denies reconsideration of Defendant Taitague' s Revocation of Probation. 5 However, the court GRANTS a reduction of the Defendant's sentence to the extent that she will 6
7 serve the remainder of her imprisonment sentence at an in-patient treatment program
8 available to her. The court's Judgment issuing revocation and imposing the sentence shall be 9 filed concurrent with this Decision and Order.
SO ORDERED this FEB 1 7 2025 12 ----------- 13
16 HONORABLE ALBERTO E. TOLENTINO 17 Judge, Superior Court of Guam
23 SERVICE VIA EMAIL I acknQWiedge that an electronic 24 copy of the original was e-mailed to:
26 Date: ~ e : ;l!. I?, f)Fi,... . 27
Decision & Order Re. Defendant's Motion to Reconsider Revocation and Reduction of Sentence People v. Taitague, CF0177-l4 Page 8 of8