People v. Topasna

Opinion

LEa FILED CLERK O? OFCOUFۤ' COURT 1 1 202~ AUG 12 zu2uAus 12 PH 02 6: oz PM 6: 2 2

3 SUPERIOR COURT supERzo.R comm . IN THE SUPERIOR COURT OF GUAl'dF. .GUAM - ~ OF GuA11SF.suAm ~-.t::,· ,; .:? ·t . J ' 4 PEOPLE OF GUAM, GUAM, Criminal Criminal Case Case No. No. CF0060-21 CF0060-21 5 GPD Report Nos. 21-02774 II21-02775 Nos. 21-02774 21-02775 I/ v. v. 21-02777 6

7 VINCENT PAUL CRUZ TOPASNA DECISION DECISION AND ORDER (aka BEN TOPASNA), GRANTING 8 DOB: DOB: 01/23/1975 01/23/1975 THE PEOPLE'S MOTION MOTION TO REVOKE PROBATION PROBATION 9 Defendant. 10 10 INTRODUCTION 11 11

12 12 This matter came before the matter came the Honorable Honorable Alberto C. C. Lamorena, Lamorena, III III on on June June 7, 2024, 2024, for aa

13 Revocation 13 evocationHearing Hearingininthe theabove-captioned above-captionedmatter matter related related to Vincent Vincent Paul Cruz Topasna's (aka Ben Ben 14 Topasna's) ("Defendant's") failure to abide by his probationary terms. Defendant was represented 14 opasna's) ("Defendant's") failure to abide by his probationary terms. Defendant was represented 15 15 by Assistant Public Defender Jocelyn Roden. Roden. The ThePeople PeopleofofGuam Guamwere wererepresented represented by by Assistant Assistant 16 j Attorney ttomeyGeneral GeneralLeta LetaWomack. Womack.Having Havingduly dulyconsidered consideredthe theParties' Parties'briefs, briefs,oral oralarguments, arguments, and and 17 18 the applicable law, the Court now issues thefollowing following Decision Decision and and Order Revoking Defendant's 18 he applicable law, the Court issues the

19 19 Probation. robation.

20 BACKGROUND 21 On November November 3, 3, 2021, Defendant entered 2021, Defendant entered aaplea pleaof of guilty guilty to Possession of a Schedule Possession of II Schedule II 22 Controlled Substance rd Degree Felony). See Judgment of Conviction (Dec. 2, 2021). (as aa 33'd Substance (as Degree Felony). Judgment of Conviction (Dec. 2, 2021). A 23 Z judgment ·udgmentwas wasentered enteredimposing imposing the the following followingrelevant relevantconditions conditions of ofprobation: probation: 24

25 • • REPORTING: Defendant MANDATORY REPORTING: shall report Defendant shall report to to the Adult Adult Probation Probation

26 Office Office three three (3) (3) times times per per week week in in person, person, or or as as ordered ordered by the the Court Court or the the

27 Probation Office. Office.

28 • • LAWS: Defendant shall shall obey all federal and and local laws of of Guam. Guam.

Decision Decision and Revoking Defendant's and Order Revoking Defendant's Probation CF0060-21,People CF0060-2I, People of ofGuam Guam v. v. Vincent Vincent Paul Paul Cruz Cruz Topasna Topasna Page 1 1 of of4 11 • • COUNSELING/TREATMENT: Defendant shall shall report report to to the Adult Probation Probation

2 Office for Office foran anintake intake and and aa drug drug and and alcohol assessment. If referred alcohol assessment. referred to to the the Guam Guam

3 Behavioral Health Behavioral Health and and Wellness Wellness Center Center (GBWHC), (GBWHC), Defendant shall follow Defendant shall follow all

4 treatment plans treatment plans as as may may be recommended recommended by the the drug drug and and alcohol alcoholassessment assessment

5 counselor. counselor. 6 • COURT ORDERS COURT ORDERS:: Defendant shall comply comply with with any any court court orders orders entered entered against 7 Defendant, including orders Defendant, including ordersof of family court or any any other other local local or federal federal court court of of

8 s competent jurisdiction. jurisdiction.

9u d. 10 10 On March 4, 2022, 2022, a Violation Violation Report Report was was filed filedindicating indicatingthat thatDefendant Defendant had had missed missed his his 11 11 intake ·ntak:e appointment atthe appointment at theAdult AdultProbation ProbationOffice. Office. See First Violation Violation Report Report (Mar. (Mar. 4, 4, 2022). 12 On April ll, 11,2022, 2022,another anotherViolation ViolationReport Reportwas wasfiled filedindicating indicatingthat thatDefendant Defendant had had been been 13 13 arrested arrested in in CFol89-22 CF0189-22and and indicted indicted on on numerous numerous felony charges. See Second Violation Violation Report (Apr. (Apr.

14 14 11, 11, 2022). 2022). Defendant Defendantwould would ultimately ultimately plead plead guilty guilty to to Family Family Violence Violence(as 3rd Degree Felony) and (asaa3rd and 15 15 Family amily Violence Violence(as (as aa Misdemeanor) Misdemeanor) in in CFOl89-22. CF0189-22. See CFOl89-22 CF0189-22 Judgment of Conviction Judgment of Conviction (Sep.

16 16 13, 13, 2022). 2022). 17 17 On October 10, 2022, another 10, 2022, anotherViolation Violation Report was filed filed indicating indicating that that Defendant had had failed failed

18 18 too report report to to the the Adult Adult Probation Probation Office Officeas as required, required, and had failed and had failed to to attend attend GBHWC GBHWC for his initial

19 19 intake/assessment. ·ntak:e/assessment. See Third Violation Violation Report Report (Oct. (Oct. 10, 10, 2022). 20 On January 4, 2023, January 4, 2023,this thismatter matterwas wason on for for Further Further Proceedings Proceedings and and Defendant Defendant failed failed to

21 attend the hearing, despite being summonsed to appear. See Minute Entry (Jan. 4, 2023), Summons 21 attend the hearing, despite being summonsed appear. Minute Entry (Jan. 2023); Summons 22 22 (Nov. (Nov. 18, 18, 2022). 23 On February 15, 2024, February 15, 2024,the the People People filed filed their Motion Motion to to Revoke Revoke Defendant's Defendant's Probation Probation 24 25 ("Motion"). The People People base base their their request request on onDefendant's Defendant'snon-compliance non-compliance with withnumerous 25 ("Motion"). numerous

26 probation robation conditions. See Motion Motion (Feb. (Feb. 15, 15, 2024). Opposing Opposingthe the Motion, Motion, Defendant Defendant claims claims he still

27 has as time time to to complete complete the the terms of of his probation if if given givenanother another chance. chance. See Opposition to to Motion Motion 28 (Mar. 11, 11, 2024). 2024).

Decision Decision and Order Revoking Revolting Defendant's Defendant's Probation CF0060=21,People CF0060~21, People of ofGuam v. Vincent Paul Cruz Cruz Topasna Topasna Page 2 of4 11 June 7, On June 7, 2024, 2024, the the Court held a Revocation Revocation Hearing Hearing and and subsequently subsequently took took the the matter matter 2 under 2 nder advisement. advisement. See Minute Entry (June 7, 7, 2024). 3 DISCUSSION DISCUSSION 4 specifies the Guam law specifies the procedures procedures that thatthe theCourt Courtmust mustfollow follow for for revocation of of probation. 5 herelevant 6 The relevantstatute, statute, in in its its entirety, states states as asfollows: follows: 6

7 [T]he [T]he court, court, ififsatisfied satisfied that that the the offender offender has has inexcusably failed to inexcusably failed to comply with a substantial requirementimposed substantial requirement imposed asasa acondition conditionofof the the order order may may revoke revoke the the 8 suspension suspension or or probation probationand andsentence sentenceororre-sentence re-sentencethetheoffender. offender.Violation Violation of of a condition shall shall not result result in in revocation, revocation, however, however, unless unless the the court court determines determines that that 9 revocation under under all all the circumstances circumstances thenthenexisting existingwill will best best satisfy satisfy the the ends ends of 10 10 justice and the the best bestinterests interestsofof the the public.

11 See 9 11 See G.c.A. §§ 80.66(a)(2) 9 G.C.A. 80.66(a)(2) (1980). (1980). 12 The process for revoking revoking an an offender's offender'sprobation probationhas has been been further further explained explained by by the the Guam Guam 13 13 Supreme Court as as follows: follows: 14 14 Probation Probation revocation revocation is is aa two-step two-step process. process. First, First, the the trial trial court court must must make aa factual 15 15 determination thataaviolation determination that violation ofof probation actually actually has has occurred. occurred. If If a violation is is proven, then the the Court Court must must determine determine ifif the the violation warrants revocation of the warrants revocation the 16 16 probation. probation. 17 See People e of Guam f G u vv. Camach Camacho, 2009 2009 Guam ,-i 27 Guam 66 1] 27 (internal (internal citations citations omitted). omitted). To To revoke revoke a a 18 18 defendant'sprobation, 19 defendant's probation, evidence evidenceand andfacts facts presented presented to to the the Court Court must must be be "reasonably "reasonably necessary necessary to to 19 20 satisfy 20 satisfy the the judge judge that that the the probationer's probationer's conduct conduct has has not not been been as as required required by by the the conditions of conditions of

21 robation." Id. at ,-i1]30 21 probation." (citing People v. 30 (citing Angoco, 1998 v. Angoco, 1998 Guam 10). 22 The Court Court also cannot order order revocation revocation unless unless the theoffender offender is is provided provided with written notice 23 of ofgrounds probation. See 9 of probation. grounds for revocation of G.C.A. §§ 80.68(a). 9 G.C.A. 80.68(a). At Atthe the hearing, hearing, the the offender offender shall shall 24 "have "have the the right right to to hear and and controvert controvertthe the evidence evidence against against him, to offer offer evidence evidenceinin his his defense defense and and 25 26 toobe be represented represented by by counsel." counsel." L Id.Should Shouldthe theCourt Courtrevoke revokeanan offender's offender's probation, probation, "it "it may may impose 26 on the 27 on the offender offender any any sentence that might sentence that might have have been imposed originally been imposed originally for for the the crime crime of of which which he he

28 was convicted." See 99 G.C.A. as convicted." G.C.A. §§ 80.66(b). 80.66(b).

Decision Decision and Order Revoking Defendant's Defendant's Probation CF0060-21,People CF0060-2l, People of ofGuam v. Vincent Paul Cruz Cruz Topasna Topasna Page 3 of4 11 It It remains remains undisputed that Defendant undisputed that Defendant violated violated his probation conditions and and that there is

2 probable 2 robable cause cause to to support support the violations. Since Sinceentering enteringprobation, probation,Defendant Defendanthas has been been arrested, arrested, 3 indicted, andultimately "ndicted, and ultimatelyconvicted convictedof of Family Family Violence 3 rd Degree Felony) in Violence (as a 3'd in CFOl89-22. CF0189-22. 4 Defendant efendant has also violated violated this this Court's Court'sorders orders by byfailing failingtotoappear appearat atnumerous numerous scheduled hearings. 5 Having found found that that Defendant Defendant was in violation violation of ofhis hisprobation probation requirements, requirements, the next next 6 7 question question the the Court Court must resolve is whether "revocation "revocation under under all the circumstances .. . will circumstances ... will best best

8 satisfy satisfythe the ends ends of ofjustice justice and and the best interests interestsof of the public." See 9 the public." G.C.A. §§ 80.66(a)(2). 9 G.C.A. 80.66(a)(2).

9 Based on a review review of ofthe the record, record, Defendant Defendanthas has exhausted the the trust trustof ofthe theCourt Courtby byviolating violating 10 10 numerous probationaryconditions. umerous probationary conditions. These These violations violationsare areparticularly particularlyserious serious in innature nature and and include 11 11 a felony Family Family Violence Violenceconviction convictionin inCFOl89-22. CF0189-22.Both Boththis thisconviction convictionand andhis hisfailures failures to to appear appear 12 12 at scheduled scheduled court courthearings hearingsdisplay displayDefendant's Defendant'sunwillingness unwillingnesstotofollow follow this Court's orders. 13 13

14 14 Were probation Were probation continued, continued, it appears unlikely unlikely that any any significant significant progress would would be made

15 in 15 ·n positively positively altering altering Defendant's Defendant's behavior behavior and and ensuring ensuring compliance compliance with with the the Court's Court's orders. orders. 16 16 . . 1 1 . herefore, the Therefore, the Court Court finds finds that that revocation revocation is is in the publlc's in the public's best best interest interest and and satisfies the the ends ends of of 17 17 ·ustice. See 9 GCA §§ 80.66(a)(2). justice. 80.66(a)(2). 18 18 CONCLUSION 19 19

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

21 above-captioned above-captioned matters. matters. The Defendant Defendant is is hereby hereby SENTENCED SENTENCED to to three three (3) (3) years 22 incarceration ·ncarceration at the the Department Departmentof ofCorrections, Corrections,Mangilao Mangilaowith withcredit creditfor fortime timeserved. served. After After the 23 completion completion of ofthe the Defendant's Defendant's sentence sentence the the Court Court shall shall close close the the above-captioned above-captioned case. 24

25 August 12 12,, IT IS SO ORDERED this 26

28 HONORABLE HONORABLE ALBERTO C. c. LAMORENA LAMORENA III Presiding Judge, Superior Court of Guam Judge, Superior

Decision Decision and Order Revoking Revolting Defendant's Defendant's Probation CF0060-21,People CF0060-21, People of ofGuam Guam v. Vincent Paul Cruz Cruz Topasna Topasna Page 4 of 4