People v. Tedtaotao

• Court: Superior Court of Guam
• Decided: March 7, 2025
• Docket: CF0558-20
• Status: Unknown

Opinion

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5 IN THE SUPERIOR COURT COURT OF OF GUAM GUAM

6 OF GUAM, THE PEOPLE OF GUAM, CRIMINAL CRIMINALCASE CASENO. NO. CF0558-20 CF0558-20 7

8 Plaintiffs,

9 v. V. DECISION AND ORDER Re: People '5 Motion People's Motion to to Revoke Revoke Defendant Defendant's 10 DUSTIN SHAI SHAI TEDTAOTAO, TEDTAOTAO, Probation Probationand andImpose Impose Jail JailSentence Sentence 11 Defendant. Defendant. 12 12

13 1

14 14 This matter came before the Honorable Arthur R. Barcinas Barcinas on on December December 12, 12, 2024, 2024, for a

15 15 hearing the People's hearing on the People's Motion Motion to to Revoke RevokeDefendant's Defendant'sProbation Probation and and Impose Impose Jail Jail Sentence Sentence 16 16 ("Motion ("MotiontotoRevoke"). Revoke").Present Presentinincourt courtwere wereAssistant AssistantAttorney AttorneyGeneral General Valerie ValerieNuasa Nuasa on on behalf 17 17 of ofthe the People People of ofGuam, Guam, and and Defendant Shai Tedtaotao Defendant Dustin Shai Tedtaotao ("Defendant") ("Defendant") was was present present with 18 18

19 counsel Alternate Public Defender Bryson Breazale. counsel Alternate 19

20 20 BACKGROUND

21 On December 15, 2021, December 15, 2021,Defendant Defendantpled pledguilty guiltytotoone onecount countofofASSAULT ASSAULT WITH WITH 22 INTENT INTENTTO TOCOMMIT COMMITCRIMINAL CRIMINALSEXUAL SEXUALCONDUCT CONDUCT(As(As a 3rd a 3rdDegree DegreeFelony), Felony),and and one one 23 23 count ofFOURTH count of FOURTH DEGREE DEGREECRIMINAL CRIMINAL SEXUAL SEXUALCONDUCT CONDUCT(As (AsaaMisdemeanor). Misdemeanor). He He was was 24 24

25 adjudged accordingly on on the the same date. date. As part of of his his plea plea agreement, agreement, Defendant Defendant was sentenced

26 to three (3) (3) years of incarceration at atthe theDepartment DepartmentofofCorrections Corrections("DOC"), ("DOC"), all all but one (1) year 27 27 suspended, withcredit suspended, with creditfor for time time served, sewed, and and a three three (3) year year term term ofofsupervised supervised probation. probation. 28 Decision Decision and and Order Re: People's People's Motion Motionto to Revoke RevokeDefendant's Defendant'sProbation Probationand andImpose Impose Jail Jail Sentence Sentence CF00558-20

Defendant was ordered Defendant ordered to perform one hundred hundred (100) ( 100) hours of community service of community service and and pay a fine l 22 of of One One Hundred Hundred dollars dollars ($100.00), ($100.00), plus Eighty Eighty dollars dollars ($80.00) ($80.00) court costs, with all or part of of

3 the fine convertible to community service. service. The conditions conditions of of the the plea plea agreement agreement stated, stated, inter 4 . alia, that alia, that Defendant Defendant obey obey the the laws of of Guam, Guam, and and report report to to Probatlon Probation monthly, monthly, and and that that he be 5 randomly randomly tested tested for alcohol and/or drugs. 6

7 December 20, On December 20, 2021, Probation filed the First Violation Report, stating that Defendant Defendant

88 had failed to report to the Probation office since July31 December 30, 31, 2020. On December 30, 2021, the Court

99 issued a Warrant of Arrest. Arrest. On April April 22, 22, 2024, 2024, Defendant Defendant was was apprehended, apprehended, during during which which he 10 10 attempted to to give give the arresting arresting officers a false name. On On April April 23, 23, 2024, 2024, the the Court Court held held aa Return 11 11 of of Warrant Warrant ("ROW") hearing, hearing, wherein Defendant apologized for not checking in and alleged apologized for 12 12

13 13 that he had a stable stable home home and a job. job. The The Court Court instructed instructedProbation Probationtoto meet meet with the Defendant

14 14 and assess what happened and provide an Informational Report ("Report"). On May 16, 16, 2024, 15 15 Probation filed the Report, informing informing the Court that that Defendant Defendant was was unemployed unemployed and did not have 16 16 stable home. a stable home. On the same day, the Court held a continued ROW hearing, wherein the Court 17 17 18 sanctioned the Defendant sanctioned the Defendant to to the twenty-four (24) days twenty-four (24) days served served to to date on the the violation, violation, and and 18

19 19 extended extended the Defendant's Defendant'sprobation probationfor for an an additional additional six six (6) months from the original expiration.

20 The Defendant Defendant was released and and ordered ordered to to report report to to probation no later than 10:00am the next next 21 day. 22 On May 20, 2024, Probation filed filed the Second Violation Report, informing informing the Court that 23

24 Defendant Defendant had violated violated the terms of of his probation on May 17, 2024, 2024, when when he he tested presumptive presumptive 24

25 25 positive for methamphetamine, and subsequently subsequently admitted admitted via via written written declaration declaration that he had had

26 26 smoked smoked methamphetamine methamphetaminethat that day. day. On On May May 29, 29, 2024, 2024, the Court issued an Order and and Summons Summons 27 27 for Defendant to appear on July 25, 25, 2024. 2024. The Defendant Defendant failed failed to to appear, appear, and had not reported 28

Page Pagel2 of6 Decision Decision and and Order Order Re: People's People's Motion Motionto to Revoke RevokeDefendant's Defendant'sProbation Probationand andImpose Impose Jail Jail Sentence Sentence CF00558-20

to probation for the months of of June and July 2024. The The Court Court then then issued issuedaa warrant warrant for for his arrest. I

22 Defendant was Defendant was arrested arrested on on July July 31, 2024.

3 On August 23, 2024, 2024, the the People filed filed the instant instant Motion Motion to to Revoke, Revoke, citing citing Defendant's Defendant's 4 4 repeated failures repeated failures to to comply with with probation probation conditions conditions and arguing that revocation arguing that revocation would serve 5 the interests of justice justice and public safety. safety. On On December December 5, 2024, Defendant filed an opposition, 6 7 7 arguing arguing that that revoking revoking probation probation is is excessive excessive and unnecessary, and that unnecessary, and that Defendant should should be

8 given another chance to comply with probation conditions and receive treatment. Defendant Defendant also

99 argues gues that tha t sending sending Defenda nt to Defendant to the Depa r Department of Cor of ("DOC") in r ections ("DOC") Corrections in its its cur r ent current 10 IO overcrowded conditions overcrowded conditions would would constitute cruel and constitute cruel and unusual punishment under the Eighth unusual punishment Eighth 11

Amendment of Amendment ofthe the Constitution. Constitution. Defendant Defendantrequests requests that he he be be allowed allowed to complete his probation 12 12 13 13 terms, including drug treatment and counseling, rather than being incarcerated.

14 The Court took the matter under under advisement on December December 12, 12, 2024. 15 DISCUSSION 16 16 99 GCA GCA §§ 80.66, 80.66, which which governs governs probation probation revocation revocation proceedings, proceedings, provides, provides, in relevant in relevant 17

18 part,7that: P that: 18

19 At any (a) At any time time before the discharge of of the offender offender or the termination of of the period of of suspension or probation: 20

(1) upon a showing upon showing of of probable probable cause cause thatthat an offender offender has has 21 violated a condition of of his suspension or or probation, the court may 22 summon summon the the offender offenderto to appear appear before before itit or or may may issue issue aa warrant for his arrest[, and] and] ... 23 (2) the court, the court, if satisfied satisfied that the offender offender has has inexcusably inexcusably 24 failed to failed to comply with with aa substantial substantial requirement equir ement imposed imposed asas a condition ofof the order may revoke the suspension or or probation and 25 sentence or re-sentence the offender. Violation of of a condition shall not result in revocation, however, unless the court determines that 26 revocation under all revocation under all the circumstances circumstances then then existing existing will best best 27 satisfy the ends ofof justice and the best interests of of the public.

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1 99 GCA GCA §§ 80.66(a)(l)-(2). 80.66(a)(1)-(2). (2023). (2023).

2 Probation Probation revocation revocation is is aa two-step two-step process. process. Guam Guam v. Camacho, Camacho, 2009 Guam 6 1i 27.First, 2009Guam6127. First,

33 the trial, court court must make aa factual must make factual determination determinationthat thataaviolation violation of of a condition of of probation probation 4 4 actually has has occurred. occurred. Id. Id. If aa violation violation is is proven, proven, then then the the court must determine determine if if the the violation violation 5 warrants revocation of the probation. warrants revocation Id. probation. Id. 6 6

7 Defendant's violation violation of ofthe the conditions conditions of ofhis his probation probation is is uncontested. uncontested. Therefore, the

8 8 only question question left left before before the the Court Court is to determine if if the the violation violation warrants warrants revocation. 9 The goal goal of ofaarevocation revocation hearing hearing is is not not to to decide decide guilt guiltor orinnocence, innocence, but but to to determine determine 0 10 1 the defendant whether the defendant remains remainsaagood good risk risk for for probation. probation. Id.; Id., People People v. Manila, 2005 Guam Guam 66 1] 1 11 11 13. 13. Upon reviewing the the record, record, the the Court Court notes notes Defendant's Defendant's immediate immediate and total failure and total failure to 12

13 13 comply with his probation with his probation conditions upon upon release release and andevasion evasionof of arrest arrestfor for more more than thantwo two (2) (2)

14 14 After he years. After was finally he was finallyarrested, arrested, at at his his Return Return of ofWarrant Warrant hearing hearing on on May May 16, 16, 2024, Defendant 15 15 represented to to the Court that his housing housing and and employment employment were stable. Probation's Probation's subsequent subsequent 16 16 Report Report determined determined Defendant's Defendant's representations representations to be be false, false, and and that that Defendant was unemployed 17

and hadnot and had notfound foundstable stablehousing. housing.Despite Despite this, this, the the Court Court gave gave Defendant another chance, chance, albeit 18 18

19 19 with an extension of of his his probation term. term. Defendant then immediately immediately violated violated his his probation probation the

20 20 next day, May 17, 17, 2024, 2024, by testing presumptive positive positive for formethamphetamine methamphetamine on on his his drug drug test 21 and then thenadmitting admitting to to smoking methamphetamine methamphetamine earlier. earlier. Defendant Defendant now requests requests that the Court 22 deny the Motion deny the Motion to to Revoke. Revoke. 23

24 Considering Defendant's Defendant's immediate immediate noncompliance noncompliance with with the the terms terms of ofhis his probation, probation, his 24

25 25 avoidance of ofthe the Court's Court'ssummons summons and and warrants, warrants, and and his misrepresentations to the Court, misrepresentations to Court, the 26 26 Court finds that that revocation revocation will best best satisfy satisfy the the ends ofjustice justiceand and the the best best interests of the public 27 . in this this case, case, as as Defendant Defendant has has shown shown that that he he is is not not interested interestedin incomplying complying with the terms with the terms of his of his 28

Page 4 of6 Decision Decision and and Order Re: People's People's Motion MotiontotoRevoke RevokeDefendant's Defendant'sProbation Probationand andImpose Impose Jail Jail Sentence Sentence CF00558-20

probation. probation. To the the extent extent that that his his submission submission to to the the May May17, 17,2024, 2024,drug drugtest testand andsubsequent subsequent 1

2 confession confession might might be be construed construed as as an attempt attemptto to comply comply with the terms of his probation, the Court

3 that, in finds that, inlight light of of his prior prior history, history, itit is is too too little, too late. 4 Upon review review by by the the Court, Court, Defendant Defendant is no longer longer aa good good candidate candidate for probation. probation. The 5 complete complete disregard of his disregard of his probation probation terms notwithstanding,the terms notwithstanding, thelength lengthof of time time for which which 6

7 Defendant evaded the Court's Court's orders, orders, his his misrepresentations misrepresentations to the the Court, Court, and and subsequent subsequent 7

8 8 immediate violation violation give givethe theCourt Courtsufficient sufficientproof proofthat thatDefendant Defendantcannot cannot be counted on to to avoid

9 9 antisocial activity. activity. Again, Again,he heisissimply simplyno no longer longeraa good goodcandidate candidate for for probation, probation, probation being 10 10 a favor by the granted by favor granted the state, state, not a right right to to which which Defendant is entitled. C Camacho, amac 2009 Guam 6 II if 26. 12 1

13 13 As As to to Defendant's Defendant'sargument argument that that revocation revocation of ofhis his probation probation would would constitute constitute cruel cruel and and

14 14 unusual punishment,the unusual punishment, Courtdoes theCourt notfind doesnot find that thatto tobe be the the case casehere, here, as asthe theCourt Courtis isnot notimposing imposing

15 any additional punishmentupon additional punishment uponDefendant; Defendant,ititisisonly only taking taking away away the the privilege privilege that that Defendant 16 16 given and was given and squandered, squandered, and and resentencing resentencing Defendant to to the original terms terms of of his his sentence. sentence. 17 17 18 Defendant Defendant agreed agreed to to these these consequences consequences in in his his plea plea agreement, agreement, and and he was expressly warned warned that 18

19 19 violating his violating his probation probation terms terms could lead to incarceration. The U.S. Supreme Supreme Court, inGagnon Gagnon v. v.

200 Spinelli, 411 411 U.S. 778, 778, 781 781 (1973): (1973), stated that revocation stated that revocation deprives deprives an an individual individual not not of the the 21 absolute liberty granted absolute liberty grantedto to all all citizens, citizens, but but of of the conditional liberty tied to compliance conditional liberty compliance with 22 22 specific specific [probation] [probation] conditions, conditions, as as cited cited by by the the Defendant in his opposition. 23

Having Having violated violated those those conditions, conditions, Defendant is no no longer entitled to avail himself of ofthat that 24

25 25 conditional liberty, liberty; the the only only constitutional constitutional issue issue at play in this revocation is one of ofdue due process,

26 26 that is, whether Defendant had that is, had fair notice and and a hearing, and Defendant has has been been given given both. 27 27

Page 5 of6 Decision Decision and and Order Re: People's People's Motion MotiontotoRevoke RevokeDefendant's Defendant'sProbation Probationand andImpose Impose Jail Jail Sentence Sentence CF00558-20

Accordingly, the Court does not find that that revocation revocation of Defendant's Defendant's probation probation constitutes constitutes an I

2 imposition of cruel and unusual punishment.

3 3 CONCLUSION 4 Based on the foregoing, foregoing, the Court Court hereby GRANTS the the People's Motion to Revoke 5 5

Defendant's Probation. Defendant's Defendant's probation Probation. Defendant's probation is is hereby hereby REVOKED and Defendant Defendant is is 6

7 sentenced to to three three (3) (3) years of ofincarceration incarceration at at the Guam Department Departmentof of Corrections, Corrections, with credit

8 for time served. 9

10 MAR SO ORDERED - - MAR O 2025 072025 ------

11 11

13 13 HONORABLE ~ E ARTHUR AR~HUR R. BARCINAS Judge, Superior Court of Guam 14

16 16

22 SERVICE VIA EMAIL SERVICE VIA 23 II acknowledge that an electronic acknowledge that copy copy ofof the the original original was was e-mailed e-mailed to: to:

24 IJ--G,HAD MI Reo 25 Date: i M p : 5:~~ Date: $]i6ime: 'Y . 26 A r v n t v m Fe/ C,e,c,7/ Deputy Clerk, S error Court Court of of Guam Guam 27

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