Fl L D SUPERIOR cOURT SUPEF(lOH COURT -OF GUP,M -OFQUAM
2323 my-9 2023 NOV ~: 35 PM m -g PH e 1 C.OURT OF CEURT CLER!, OF CLERH
2 IN THE THE SUPERIOR SUPERIOR COURT OK.GUAM COURT OF bG_UAM r :__ ~ 3
4 PEOPLE PEOPLE OF GUAM, Criminal Criminal Case Case No. No. CF0235-21 CF0235-21 GPD Report No. GPD Report 21-11482 No. 21-11482 5 v. DECISION AND ORDER DECISION AND 6 6 CHRISTOPHER JAMES ROSARIO ROSARIO TEDTAOTAO TEDTAOTAO GRANTING 7 7 (aka CHRISTOPHER TEDTAOTAO), CHRISTOPHER JAMES TEDTAOT REVOCATION REVOCATION OF OF PROBATION DOB: DOB:08/15/1976 08/15/1976 8 Defendant. Defendant. 9
10 IO INTRODUCTION 11 2023 This matter came before the came before Honorable Alberto the Hon9rable on November Lamorena, III on Alberto C. Lamorena, 7, 2023 November 7, 12 Revocation Hearing for aa Revocation theabove-captioned Hearingininthe matter related above-captionedmatter to Christopher related to James Rosario Christopher James 13 1
Christopher James Tedtaotao's (aka Christopher Tedtaotao's)("Defendant's") JamesTedtaotao's) failure to ("Defendant's") failure abide by to abide his by his 14 14
15 15 probationary terms. Defendant was probationary terms. representedby was represented AlternatePublic byAlternate DefenderPete PublicDefender Santos. The Pete Santos.
16 16 People of of Guam Guam were were represented Attorney General Assistant Attorney by Assistant represented by SeanBrown. General Sean duly Having duly Brown. Having 17 17 . . , . . . the Parties' considered the oral arguments, briefs, oral Partles briefs, and the arguments, and the Court the applicable law, the now issues Court now the issues the 18 18 following following Decision Decisionand and Order Order Granting of Probation. Revocation of Granting Revocation 19 19 BACKGROUND 20
21 On September 2, 2021, September 2, pled guilty Defendant pled 2021, Defendant Assault (as Aggravated Assault guilty to Aggravated 3rd Degree (as aa 3rd
22 22 the imposing the entered imposing was entered judgmentwas 2021). AAjudgment (Sep. 14, 2021). Conviction (Sep. of Conviction Judgment of Felony). See Judgment 23 23 . . . | following following relevant relevant condltlons probation: ofprobatlon: conditions of 24 • • COUNSELING/TREATMENT Defendant shall COUNSELING/TREATMENT: Defendant report to shall report Services to Client Services 25 and Counseling (CSFC) with and Family Counseling with the the Superior Superior Court Guam for of Guam Court of intake for intake 26 and and assessment. Defendant shall assessment. Defendant shall follow all alltreatment recommendations treatmentrecommendations 27 27
28 1
Decision and Decision Granting Revocation and Order Granting Probation Revocation of Probation People v. CF0235-21, People Christopher James v. Christopher Tedtaotao James Rosario Tedtaofao
evaluation, psychiatric including psychological evaluation, evaluation, drug psychiatric evaluation, and alcohol drug and 1
evaluation, and individual, group, and family counseling. and family 2
3 • • FINE: FINE:Defendant pay aafine shall pay Defendantshall twothousand fineofoftwo dollars ($2,000.00) thousanddollars plus ($2,000.00) plus
4 court costs of eighty costsof dollars($80.00). eighty dollars ($80.00)
5 • • COMMUNITY SERVICE: SERVICE' Defendant shall perform seventy-five shall perform hours seventy-five (75) hours
6 of community service. ofcommunity
7 • • MANDATORY REPORTING: REPORTING: Defendant shall Defendant report to shall report Adult the Adult to the
8 Probation Office once aa month Office once in person, month in as ordered by the Court or the person, or as 9 Probation Office. Office.
10 10 • Guam. ofGuam. shall obey all federal and local laws of LAWS: Defendant shall 11 11 • MANDATORY and random alcohol and submit to random shall submit MANDATORY TESTING: Defendant shall 12 drug underthe testing under drug testing supervisionof thesupervision theAdult ofthe ProbationOffice. AdultProbation Office. 13 13 Id. 14 received his First Violation Defendant received on November Report on Violation Report 16, 2021. November 16, That report 2021. That made report made 15 15 known that Defendant had missed several scheduled appointments CSFC and appointments with CSFC that he made and that 16 16 17 paying off no progress in paying his fine/court off his costs or fine/court costs working off or working community service. See First his community off his 17
18 18 Violation Violation Report Report (Nov. (Nov. 16, 16, 2021).
19 19 A Second Second Violation ViolationReport that known that madeknown reportmade Thatreport 2022. That November9,9,2022. onNovember filedon wasBled Reportwas 20 Defendant hadn't been reporting to the Adult Probation Office as required. See Second Violation Office as Violation 21 (Nov. 9, 2022). In fact, Report (Nov. fact, Defendant hadn't reported to the Adult Probation Office Office in over 22
23 23 eight (8) months. Id. (8) months. l
24 24 Third Violation A Third Reportwas ViolationReport filedon wasfiled February8,8, 2023. onFebruary Thatreport 2023. That made known reportmade that known that
25 25 Theft of withTheft chargedwith andcharged arrestedand been arrested had been Defendant had Defendant 3rd Degree Property (as aa 3rd of Property Degree Felony), 26 Criminal Trespass (as Criminal Trespass Misdemeanor), and (as aa Misdemeanor), Theft of andTheft Property (as a Petty of Property Misdemeanor) in Petty Misdemeanor) 27 27 CF0090-23. See Third CF0090-23. Report(Feb. ViolationReport Third Violation 2023). ItItwas (Feb.8,8,2023). alsoreported wasalso that Defendant failed reported that 28
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Decision and Decision and Order Granting Revocation of Probation CF0235-21,l, People v. Christopher Christopher James James Rosario Tedmotao Tedtaotao
to submit to to a drug drug test test scheduled scheduled by by the the Adult Adult Probation Probation Office and that he he still still wasn't wasn't attending 1
22 classes. Id. his CSFC classes.
3 On September 22, 2023, the the People filed their Motion to to Revoke Defendant's Defendant's Probation Probation 4 . . . and Impose Ja11 and Jail Sentence Sentence("Motion"). ("Motlon"). The People People base base thelr their request request on on Defendant's Defendant's repeated repeated 5 failures to failures to obey the terms of of his probation. probation. See Motion at 5-6 (Sep. (Sep. 22, 22, 2023). Opposing the 2023). Opposing 6
Motion, Defendant Motion, Defenda nt claims cla ims he comply with he will comply with his his prprobation if given conditions if oba tion conditions given aanother nother 7
8 Opposition at opportunity. See Opposition at 2 (Sep. 22, 2023). 9 7, 2023, November 7, On November 2023, the Court held a Revocation Hearing and subsequently took the 10 10 matter under advisement. See Minute Entry Entry (Nov. 7, 2023). (Nov. 7, 11 DISCUSSION 12
13 13 specifies the procedures Guam law specifies procedures that the Court must follow for revocation of of probation.
14 14 The relevant relevant statute, statute, in its entirety, states as as follows: follows:
15 15 [T]he court, if satisfied satisfied that that the the offender offender has has inexcusably inexcusably failed failed to to comply with a 16 16 substantial substa ntia l requirement imposedasa s aa condition r equir ementimposed condition of of the the order der mayy revoke the the probation and sentence or re-sentence the offender. Violation of suspension or probation of a 17 condition shall not result in revocation, however, unless the court determines that that revocation under all the circumstances circumstances then existing will best satisfy satisfy the of the ends of 18 18 justice and the best interests of the public. 19 See 9 See 9 G.c.A. G.C.A.
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Fl L D SUPERIOR cOURT SUPEF(lOH COURT -OF GUP,M -OFQUAM
2323 my-9 2023 NOV ~: 35 PM m -g PH e 1 C.OURT OF CEURT CLER!, OF CLERH
2 IN THE THE SUPERIOR SUPERIOR COURT OK.GUAM COURT OF bG_UAM r :__ ~ 3
4 PEOPLE PEOPLE OF GUAM, Criminal Criminal Case Case No. No. CF0235-21 CF0235-21 GPD Report No. GPD Report 21-11482 No. 21-11482 5 v. DECISION AND ORDER DECISION AND 6 6 CHRISTOPHER JAMES ROSARIO ROSARIO TEDTAOTAO TEDTAOTAO GRANTING 7 7 (aka CHRISTOPHER TEDTAOTAO), CHRISTOPHER JAMES TEDTAOT REVOCATION REVOCATION OF OF PROBATION DOB: DOB:08/15/1976 08/15/1976 8 Defendant. Defendant. 9
10 IO INTRODUCTION 11 2023 This matter came before the came before Honorable Alberto the Hon9rable on November Lamorena, III on Alberto C. Lamorena, 7, 2023 November 7, 12 Revocation Hearing for aa Revocation theabove-captioned Hearingininthe matter related above-captionedmatter to Christopher related to James Rosario Christopher James 13 1
Christopher James Tedtaotao's (aka Christopher Tedtaotao's)("Defendant's") JamesTedtaotao's) failure to ("Defendant's") failure abide by to abide his by his 14 14
15 15 probationary terms. Defendant was probationary terms. representedby was represented AlternatePublic byAlternate DefenderPete PublicDefender Santos. The Pete Santos.
16 16 People of of Guam Guam were were represented Attorney General Assistant Attorney by Assistant represented by SeanBrown. General Sean duly Having duly Brown. Having 17 17 . . , . . . the Parties' considered the oral arguments, briefs, oral Partles briefs, and the arguments, and the Court the applicable law, the now issues Court now the issues the 18 18 following following Decision Decisionand and Order Order Granting of Probation. Revocation of Granting Revocation 19 19 BACKGROUND 20
21 On September 2, 2021, September 2, pled guilty Defendant pled 2021, Defendant Assault (as Aggravated Assault guilty to Aggravated 3rd Degree (as aa 3rd
22 22 the imposing the entered imposing was entered judgmentwas 2021). AAjudgment (Sep. 14, 2021). Conviction (Sep. of Conviction Judgment of Felony). See Judgment 23 23 . . . | following following relevant relevant condltlons probation: ofprobatlon: conditions of 24 • • COUNSELING/TREATMENT Defendant shall COUNSELING/TREATMENT: Defendant report to shall report Services to Client Services 25 and Counseling (CSFC) with and Family Counseling with the the Superior Superior Court Guam for of Guam Court of intake for intake 26 and and assessment. Defendant shall assessment. Defendant shall follow all alltreatment recommendations treatmentrecommendations 27 27
28 1
Decision and Decision Granting Revocation and Order Granting Probation Revocation of Probation People v. CF0235-21, People Christopher James v. Christopher Tedtaotao James Rosario Tedtaofao
evaluation, psychiatric including psychological evaluation, evaluation, drug psychiatric evaluation, and alcohol drug and 1
evaluation, and individual, group, and family counseling. and family 2
3 • • FINE: FINE:Defendant pay aafine shall pay Defendantshall twothousand fineofoftwo dollars ($2,000.00) thousanddollars plus ($2,000.00) plus
4 court costs of eighty costsof dollars($80.00). eighty dollars ($80.00)
5 • • COMMUNITY SERVICE: SERVICE' Defendant shall perform seventy-five shall perform hours seventy-five (75) hours
6 of community service. ofcommunity
7 • • MANDATORY REPORTING: REPORTING: Defendant shall Defendant report to shall report Adult the Adult to the
8 Probation Office once aa month Office once in person, month in as ordered by the Court or the person, or as 9 Probation Office. Office.
10 10 • Guam. ofGuam. shall obey all federal and local laws of LAWS: Defendant shall 11 11 • MANDATORY and random alcohol and submit to random shall submit MANDATORY TESTING: Defendant shall 12 drug underthe testing under drug testing supervisionof thesupervision theAdult ofthe ProbationOffice. AdultProbation Office. 13 13 Id. 14 received his First Violation Defendant received on November Report on Violation Report 16, 2021. November 16, That report 2021. That made report made 15 15 known that Defendant had missed several scheduled appointments CSFC and appointments with CSFC that he made and that 16 16 17 paying off no progress in paying his fine/court off his costs or fine/court costs working off or working community service. See First his community off his 17
18 18 Violation Violation Report Report (Nov. (Nov. 16, 16, 2021).
19 19 A Second Second Violation ViolationReport that known that madeknown reportmade Thatreport 2022. That November9,9,2022. onNovember filedon wasBled Reportwas 20 Defendant hadn't been reporting to the Adult Probation Office as required. See Second Violation Office as Violation 21 (Nov. 9, 2022). In fact, Report (Nov. fact, Defendant hadn't reported to the Adult Probation Office Office in over 22
23 23 eight (8) months. Id. (8) months. l
24 24 Third Violation A Third Reportwas ViolationReport filedon wasfiled February8,8, 2023. onFebruary Thatreport 2023. That made known reportmade that known that
25 25 Theft of withTheft chargedwith andcharged arrestedand been arrested had been Defendant had Defendant 3rd Degree Property (as aa 3rd of Property Degree Felony), 26 Criminal Trespass (as Criminal Trespass Misdemeanor), and (as aa Misdemeanor), Theft of andTheft Property (as a Petty of Property Misdemeanor) in Petty Misdemeanor) 27 27 CF0090-23. See Third CF0090-23. Report(Feb. ViolationReport Third Violation 2023). ItItwas (Feb.8,8,2023). alsoreported wasalso that Defendant failed reported that 28
Page Page 2 of5 L
Decision and Decision and Order Granting Revocation of Probation CF0235-21,l, People v. Christopher Christopher James James Rosario Tedmotao Tedtaotao
to submit to to a drug drug test test scheduled scheduled by by the the Adult Adult Probation Probation Office and that he he still still wasn't wasn't attending 1
22 classes. Id. his CSFC classes.
3 On September 22, 2023, the the People filed their Motion to to Revoke Defendant's Defendant's Probation Probation 4 . . . and Impose Ja11 and Jail Sentence Sentence("Motion"). ("Motlon"). The People People base base thelr their request request on on Defendant's Defendant's repeated repeated 5 failures to failures to obey the terms of of his probation. probation. See Motion at 5-6 (Sep. (Sep. 22, 22, 2023). Opposing the 2023). Opposing 6
Motion, Defendant Motion, Defenda nt claims cla ims he comply with he will comply with his his prprobation if given conditions if oba tion conditions given aanother nother 7
8 Opposition at opportunity. See Opposition at 2 (Sep. 22, 2023). 9 7, 2023, November 7, On November 2023, the Court held a Revocation Hearing and subsequently took the 10 10 matter under advisement. See Minute Entry Entry (Nov. 7, 2023). (Nov. 7, 11 DISCUSSION 12
13 13 specifies the procedures Guam law specifies procedures that the Court must follow for revocation of of probation.
14 14 The relevant relevant statute, statute, in its entirety, states as as follows: follows:
15 15 [T]he court, if satisfied satisfied that that the the offender offender has has inexcusably inexcusably failed failed to to comply with a 16 16 substantial substa ntia l requirement imposedasa s aa condition r equir ementimposed condition of of the the order der mayy revoke the the probation and sentence or re-sentence the offender. Violation of suspension or probation of a 17 condition shall not result in revocation, however, unless the court determines that that revocation under all the circumstances circumstances then existing will best satisfy satisfy the of the ends of 18 18 justice and the best interests of the public. 19 See 9 See 9 G.c.A. G.C.A. §§ 80.66(a)(2) 80.66(a)(2) (1980). (1980). 20
The process for revoking an offender's probation has been further explained by the Guam offender's probation 21
22 22 Supreme Court as follows: follows:
23 23 Probation revocation Probation revocation isis aa two-step two-step process. process. First, First, the trial court must make make aa factual determination that a violation of of probation actually actually has occurred. If a violation is 24 24 proven, then the Court must determine if if the the violation violation warrants warrants revocation of the 25 probation.
26 26 of Guam See People of Guam v. Camacho, Camacho, 2009 2009 Guam ,r 27 Guam 6 1] 27 (internal (internal citations citations omitted). omitted). To revoke a 27 . a defendant's probatlon, defendant's probation, evldence evidence and and facts facts presented the Court presented to the Court must be "reasonably necessary necessary 28 28
Page Page 3 of5 .\
Decision and Decision and Order Granting Granting Revocation Revocation of Probation People v. CF0235-21, People v. Christopher Christopher James Rosario Tedtaotao Tedzaotao
satisfy the to satisfy the judge judge that that the probationer's conduct has not been as as required requiredby by the the conditions conditions of of 1
22 probation." Id. at ,r probation." 1]30 (citing v. Angoco, 1998 (citing People v. 1998 Guam 10).
3 The Court also cannot order orderrevocation revocation unless unlessthe theoffender offenderis isprovided provided with written notice 4 . . . of grounds of grounds for for revocatlon revocation of probation. See 9 ofprobation. 9 G.C.A. G.C.A. §§80.68(a) 80.68(a) (1980). (1980). At Atthe thehearing, hearing, the the 5 offender shall offender shall "have "have the the right right to to hear hear and and controvert the the evidence evidence against againsthim, him,to tooffer offer evidence 6 as 7 defense and in his defense be represented and to be counsel." Id. Should the represented by counsel. the Court Court revoke an offender's 7
8 8 probation, "it may impose "it may impose on on the the offender offender any any sentence sentence that might might have have been beenimposed imposedoriginally originally
9 9 for for the crime of of which he he was convicted." See 9 was convicted." 9 G.C.A. G.C.A. §§ 80.66(b). 80.66(b). 10 undisputed that It remains undisputed thatDefendant Defendantviolated probation conditions violated his probation conditionsand and that that there was 11 probable cause probable cause to to support supportthe theviolations. violations. Defendant Defendant received received several several Violation Reports describing Violation Reports 12 12
13 13 how he violated violated aa half-dozen half-dozen terms terms of his probation. See First Violation Violation Report (Nov. 16, 2021), (Nov. 16,
14 Second Violation Violation Report (Nov. (Nov. 9, 9, 2022), Third Violation Violation Report (Feb. 8, 2023). 2023). These violations
15 15 include failing to follow followhis his CSFC CSFCtreatment treatment plan, failing to report to to the the Adult Adult Probation ProbationOffice, Office, 16 16 failing to failing to submit submit to random drug drugtesting, testing,and andfailing failingto payoff topay off his fines fines or work work off off his community 17 service service hours. hours. Id. 18
19 19 found that Having found that Defendant Defendant was in violation ofofhis in violation hisprobation probationrequirements, requirements, the the next next
20 20 question the the Court Courtmust mustresolve resolveisiswhether whether"revocation "revocationunder underall allthe circumstances... thecircumstances ... will best will best 21 satisfy the ends ofjustice ends of justiceand and the interestsof the best interests of the public." See 9 the public." G.C.A. §§ 80.66(a)(2). 9 G.C.A. 80.66(a)(2). 22 22 Based on a review review of ofthe therecord, record,ititisisclear clearthat thatDefendant Defendanthas hasexhausted exhausted the the trust trust of the 23 23 Court by violating violatinghis his probationary probationary conditions. conditions. Defendant Defendanthas hasshown shown aa continuous continuous and ongoing 24 24 L
25 disregard towards towards following his probationary following his probationary conditions, having continuously continuously violated violated many many of of
26 26 these conditions over a multi-year period. 27 27
28 28
Page 4 of5 Page Decision and Order Granting Decision and Revocation of Probation GrantingRevocation v. Christopher James Rosario CF0235-21, People v. Rosario Tedtaotao
Were probation continued, would be made continued, it appears unlikely that any significant progress would made l
2 altering Defendant's behavior and ensuring in positively altering the Court's ensuring compliance with the orders. Court's orders.
3 of best interest and satisfies the ends of Therefore, the Court finds that revocation is in the public's best 4 justice. See 9 GCA 80.66(a)(2). 5 CONCLUSION 6
7 Defendant's probation in For the reasons stated above, the Court hereby REVOKES the Defendant's
8 the above-captioned matter. above-captioned matter. Defendant is The Defenda hereby SENTENCED to three is her (3) years three (3)
9 incarceration at the Department of Corrections, Mangilao with Corrections, Mangilao credit for with credit time served. for time served. This 10 10 period of run consecutive to any other period of incarceration Defendant may of incarceration shall run 11 serve. After completion of the completion After the Defendant's sentence of the Defendant's theCourt sentencethe shall close the above-captioned Court shall 12 12
case. 13 13 m e r 9,2023 November ._ -___§ 14 14 IT IS SO ORDERED this -----------~ 15 15
I
16 16
17 HONORABLE ALBERTO C. LAMORENA III c. LAMORENA Presiding Judge, Superior Court of Guam Guam 18 18
23 23
24 24
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