People v. Topasna

Opinion

FI LLED . E CLERK' OF oF COURT 11

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3 IN THE IN THE SUPERIOR SUPERIOR COURT COURT OF GU~PERIOR cou~ OFGUAM"l~ 4 PEOPLE PEOPLE OF GUAM, Criminal CaseNo. Crinlinafcase No.CF0189-22 CF0189-22 5 GPD Report GPD Report No. No. 22-08486 22-08486 v. v 6

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

11 11 Defendant.

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13 13 INTRODUCTION

14 14 matter came This matter came before before the the Honorable Honorable Alberto Lamorena, III on Alberto C. Lamorena, on June June 7, 2024, 2024, for aa 15 Revocation 15 evocationHearing Hearingininthe the above-captioned above-captioned matter matter related to Vincent Paul related to Paul Cruz Topasna's Topasna's (aka 16 16 incent Cruz Vincent Cruz Topasna's) Topasna's) (aka Vincent Paul Paul Topasna's) Vince's) (aka Topasna's) (aka Vince's) (aka Ben's) ("Defendant's") ("Defendant's") 17 17 failure to abide by his probationary terms. Defendant was terms. Defendant was represented by by Assistant Public Public Defender 18 18 19 Jocelyn ocelyn Rodeo. Roden. The People People of ofGuam Guamwere wererepresented represented by by Assistant Assistant Attorney Attorney General General Leta Leta 19 20 Womack. omack.Having Havingduly dulyconsidered consideredthe theParties' Parties'briefs, briefs,oral oralarguments, arguments,and and the the applicable applicable law, the the

Courtnow 21 Court now issues issues the following Decision and following Decision and Order Revoking Defendant's Defendant's Probation. Probation. 22 BACKGROUDQ BACKGROUND 23 On On August 15, 2022, Defendant entered entered aaplea pleaof of guilty guilty to to Family Violence Violence(as 3rd Degree (asaa3rd 24 25 Felony) elony) and and Family Family Violence Violence (as (as aa Misdemeanor). Misdemeanor). See Judgment of Conviction (Sep. 13, Judgment of 13, 2022). 25 26 26 A judgment judgmentwas wasentered entered imposing imposing the the following following relevant relevant conditions conditions of of probation:

27 •• MANDATORY REPORTING: REPORTING: Defendant shall report to shall report to the Adult Adult Probation Probation 28 Officeonce Office onceaa month month in in person, or or as ordered by the the Court Court or or the theProbation Probation Office. Office.

Decision Decision and and Order Revoking Revolting Defendant's Defendant's Probation CF0189-22, CF0189-22, People People of ofGuam v. Vincent Paul Cruz Cruz Topasna Topasna Page 1 of 5 ofS 1. i \

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1 1 •• COURT ORDERS: ORDERS: Defendant Defendant shall shall comply comply with withany any court court orders orders entered entered against

2 Defendant, including orders Defendant, including ordersof of family court or any any other other local local or federal federal court court of of

3 competent jurisdiction. jurisdiction.

4 • • COUNSELING/TREATMENT: Defendant shall shall report report to to Client Services Services and and 5 Family Counseling Family Counseling (CSFC) (CSFC) with with the the Superior Superior Court Court of of Guam Guam for for intake intake and and 6 assessment. Defendant assessment. Defendantshall shall follow all alltreatment treatment recommendations recommendations including including 7 psychological evaluation, psychological evaluation, psychiatric psychiatric evaluation, evaluation, drug drug and and alcohol evaluation, evaluation, and and 8 individual, group, and family counseling. and family 9 • • COMMUNITY SERVICE: COMMUNITY SERVICE: Defendant shall shall complete one hundred fifty (150) (150) l0 10 hours of community serviceunder the thedirection directionof ofthe theAdult AdultProbation ProbationOffice. Office.All All 11 11 or part of the the community community service imposed may be .converted imposed may converted into into a fine at at the 12 12 current prevailing minimum wage. current prevailing wage. 13 13 • • FINE: FINE:Defendant Defendant shall shall pay a fine of of two thousand dollars dollars ($2,000.00) ($2,000.00) plus court 14 14 costs of eighty eighty dollars dollars ($80.00) ($80.00).A11 All or or part of the the fine fine imposed imposed may be converted 15 15 to community service service at at the current current prevailing prevailing minimum wage. wage. 16 16 LId. 17 17 On December 27, 2022, a Violation Violation Report Report was was filed filed indicating indicatingthat that Defendant had violated 18 18 several terms of his probation. probation. See First Violation Violation Report Report (Dec. (Dec. 27, 27, 2022). 2022). ItItwas wasmade made known known that that 19 3 Defendant hadn't reported efendant hadn't reported to to the the Probation Probation Office Office in in several several months, months, failed failed to to attend attend his his 20 21 intake/assessment atCSFC, ·ntake/assessment at CSFC, failed to perform perform any any community community service service hours, hours, and and failed to to make make any any 21 22 payments ayments towards towards his his fine fine and and court court costs. costs. Id.

23 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

24 attend 24 attendthe the hearing, hearing, despite despite being being summonsed summonsed to appear. See Minute Minute Entry Entry (Jan. 2023), Summons (Jan. 4, 2023); Summons 25 (Nov. (Nov. 18, 18, 2022). 2022). 26 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 27 28 ("Motion"). ("Motion"). The People People base base their their request request on onDefendant's Defendant'snon-compliance non-:-compliance with withnumerous numerous 28

Decision Decision and Order Revoking Defendant's Defendant's Probation CF0189-22, CF0189-22, People People of ofGuam Guam v. Vineent Vincent Paul Cruz Cruz Topasna Topasna Page 2 of5 l 1. i

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robation conditions. 11 probation conditions. See Motion Motion (Feb. (Feb. 15, 15, 2024). 2024). Opposing Opposingthe theMotion, Motion,Defendant Defendant claims claims he he still

2 has 2 as time time to to complete completethe the terms terms of ofhis his probation probation if ifgiven givenanother another chance. chance. See Opposition to to Motion 3 11, 2024). (Mar. 11, 4 On June On June 7, 7, 2024, 2024, the the Court Court held a Revocation Revocation Hearing Hearingand and subsequently subsequently took took the the matter matter 5 nder advisement. 6 under advisement. See Minute Minute Entry Entry (June (June 7, 7, 2024) 2024). 6

7 DISCUSSION

8 Guam law specifies specifies the the procedures procedures that thatthe theCourt Courtmust mustfollow follow for for revocation of of probation. probation. 9 herelevant 9 The relevantstatute, statute, in in its its entirety, states states as asfollows: follows:

10 10 [T]he court, [T]he court, ififsatisfied satisfied that that the offender has inexcusably failed to inexcusably failed to comply with aa 11 11 substantial requirement substantial requirement imposed imposed asasa acondition conditionofof the the order order may may revoke revoke the the suspension or suspension or probation probation andand sentence sentenceor orre-sentence re-sentencethetheoffender. offender.Violation Violation of of aa 12 condition shall shall not result result in revocation, revocation, however, however, unless unless the the court court determines determines that that revocation under under all all the the circumstances circumstances thenthenexisting existingwill will best best satisfy satisfy the the ends ends of 13 13 justice and the the best best interests interestsofof the the public. public. 14 14 See 9 See G.c.A. §§ 80.66(a)(2) 9 G.C.A. 80.66(a)(2) (1980). (1980). 15 15 The process for for revoking revoking an an offender's offender'sprobation probationhas has been been further further explained explained by by the the Guam Guam 16 16 . 17 Supreme 17 Supreme Court Court as as follows: follows:

18 18 Probation revocation revocation is is aa two-step two-step process. process. First, First, the the trial trial court court must must make a factual determination that a violation determination that a violation of of probation actually has occurred. IfIf aa violation actually has occurred. violation is 19 19 proven, proven, then the the Court Court must must determine determineifif the the violation violation warrants revocation of the warrants revocation the 20 probation.

21 See People of ofGuam Guam v. v. Camacho, Camacho, 2009 Guam ,r 27 Guam 6 1] 27 (internal (internal citations citationsomitted). omitted).To To revoke a

22 defendant's 22 defendant'sprobation, probation,evidence evidenceand andfacts factspresented presented to to the the Could Court must must be "reasonably necessary to 23 satisfy the judge that that the probationer's conduct has probationer's conduct has not not been been as as required requiredby by the the conditions conditions of of 24 probation." at ,r1i30 robation." Id. at 30(citing (citingPeople People v. v. Angoco, Angoco, 1998 1998 Guam 10). 25 The Court also cannot order revocation cannot order revocation unless unless the theoffender offender is is provided provided with written notice 26 27 of ofgrounds grounds for for revocation revocation of probation. See 9 ofprobation. G.C.A. §§80.68(a). 9 G.C.A. 80.68(a).At Atthe thehearing, hearing, the the offender offender shall shall

28 "have "havethe theright rightto tohear hear and and controvert the evidence against him, him, to to offer offer evidence evidence in in his his defense defense and and

Decision Decision and Order Revoking Revolting Defendant's Defendant's Probation CF0189-22, CF0189-22, People People of ofGuam v. Vincent Paul Cruz Cruz Topasna Topasna Page 3 of5 u

11 toobe berepresented represented by counsel." counsel." Id. Should the the Court Courtrevoke revoke an anoffender's offender's probation, probation, "it "it may impose

onthe 2 on the offender offender any any sentence sentence that that might have been might have been imposed imposedoriginally originally for the the crime crime of which which he 3 . was convicted." See 9 convlcted." See G.c.A. §§ 80.66(b). 9 G.C.A. 80.66(b). 4 remains undisputed It remains undisputed that that Defendant Defendantviolated probation conditions violated his probation conditions and and that that there is 5 robable cause 6 probable cause to to support support the the violations. Since Sinceentering enteringprobation, probation, Defendant Defendant has failed to report report 6 7 too the the Probation Probation Office Officefor forseveral severalmonths, months, failed failedtotoattend attendscheduled scheduled court court hearings, hearings, failed to

completehis 8 complete hisinitial initialintake/assessment intake/assessment at atCSFC, CSFC, and andfailed failed to to make make any anyprogress payingoff progresspaying off his fine

9 and 9 and courts courts costs, or or completing completing his his community community service service hours. hours. 10 10 Having found found that that Defendant Defendant was in violation violation ofofhis hisprobation probationrequirements, requirements, the the next next 11 11 1 question the the Court Court must mustresolve resolve is is whether whether"revocation under all "revocation under all the the circumstances circumstances... will best .. . will best 12 13 satisfy satisfythe theends ends of ofjustice justiceand and the 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). 13 14 14 Based on a review of ofthe the record, record, Defendant Defendanthas has exhausted the trust exhausted the trustof ofthe theCourt Courtby byviolating violating

15 15 numerous umerous probationary conditions. Several probationary conditions. Several of these these violations violations occurred occurred almost almost immediately immediately upon upon 16 16 entering probation. For entering probation. For example, example, Defendant Defendant stopped reporting reporting to to the the Probation Probation Office Office within within the the 17 11 first firstmonth month of ofhis hisplea pleaand andnever nevereven evenattended attended his his initial initialintake/assessment intake/assessment atatCSFC. CSFC. Defendant Defendant 18 19 also also has has aa complete lack of progress in paying paying off off his his fines or or working off offhis his community community service 19 20 hours. ours. This Thissuggests suggestsDefendant Defendant never never intended intended on on completing completing his his probation probation conditions from the the

21 start. start.

22 Were probation probation continued, continued, it appears unlikely that appears unlikely that any any significant significant progress would be made 23 23 in ·n positively positivelyaltering alteringDefendant's Defendant's behavior behavior and and ensuring ensuring compliance compliance with with the the Court's Court's orders. orders. 24 jg Therefore, herefore,the theCourt Courtfinds findsthat thatrevocation revocation isisin inthe thepublic's public'sbest bestinterest interest and and satisfies satisfies the ends ends of of 25 ·ustice. See 9 26 justice. GCA §§ 80.66(a)(2). 9 GCA 80.66(a)(2). 26 27 QONCLUSION CONCLUSION

Decision Decision and and Order Revoking Defendant's Defendant's Probation CF0189-22, CF0189-22, People People of ofGuam v. Vincent Paul Cruz Cruz Topasna Topasna Page 4 of5 11 the reasons stated above, the Court hereby REVOKES For the For ES the Defendant's in the probation in Defendant's probation

2 above-captioned 2 matters. above-captioned matters. The Defendant hereby SENTENCED Defendant isis hereby three (3) years to three SENTENCED to 3 incarceration · at the the Department Departmentof ofCorrections, Corrections,Mangilao Mangilaowith withcredit creditfor served. After timeserved. fortime After the 4 completion ofthe completion of Defendant'ssentence the Defendant's the Court sentence the shall close Court shall the above-captioned close the cases. above-captioned cases. 5

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IT Is so ORDERED this August ' 7

10 10 HONORABLE ALBERTO C. HONORABLE c. LAMORENA LAMORENA III 11 11 Superior Court of Guam Presiding Judge, Superior

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Decision Decision and and Order Revoking Defendant's Probation CF0189-22,People People of ofGuam Guam v. v. Vincent Paul Cruz Topasna Vincent Paul Page Page 5 ofS5