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5 IN THE SUPERIOR COURT COURT OF
OF GUAM
GUAM
6 ) CRIMINAL
CRIMINAL CASECASE NO. CF0376-16 7 PEOPLE OF OF GUAM,
GUAM, )) GPD Report No.
No.16-16475
16-16475
))
8 vs. ) 9 ) )) DECISION & ORDER )) RE. PEOPLE'S MOTION TO REVOKE 10 10 RYAN PALACIOS JOHN RYAN PALACIOS WHITE, WHITE, DEFENDANT'S PROBATION AND DOB: DOB:01/06/1988 01/06/1988 ) IMPOSE JAIL SENTENCE 11 1 )
))
12 Defendant.
)
13 13 )
14 14 This matter came before matter came before the
the Honorable
HonorableAlberto
Alberto E.
E. Tolentino
Tolentino on April 10,
10, 2025,
2025, for aa
15 15 Revocation Hearing.
Hearing. Defendant JohnRyan Defendant John Ryan Palacios Palacios White
White ("Defendant") was
was present
present with
with
16 16 counsel Public counsel Public Defender Defender Stephen Hattori. Assistant Stephen Hattori. AssistantAttorney Attorney General
General Kathleen
KathleenO'Neil
O'Neil was
was
17 17
18 18 present for the present for Guam ("People").
of Guam
the People of ("People").During Duringthe
thehearing,
hearing,the
thecould
court heard
heard the
the parties'
parties'
19 19 arguments onthe arguments on thePeople's People's Motion
Motion to Revoke
Revokethe
the Defendant's
Defendant'sProbation
Probationand
and Impose Jail Sentence
20 20 filed filed on on February
February 20,
20, 2025.
2025. Following
Followingthe
thehearing,
hearing, the
thecourt
court took
tookthe
thematter
matter under
under advisement
advisement
21 pursuant pursuant totoSupreme SupremeCourt
CourtofofGuam
GuamAdministrative
AdministrativeRule
Rule06-001,
06-001, CVR7.l(e)(6)(A)
CVR 7.l(e)(6)(A) and
and CR 1.1
1.1
22 ofthe of the Local Local Rules
Rules of
ofthe
the Superior
Superior Court of
of Guam.
Guam. Having
Having duly
duly considered
considered the parties'
parties' briefings,
23
24 oral oral arguments, and the arguments, and the applicable applicablelaw,
law, the
the court
court now
now issiies
issues this
this Decision
Decision and
and Order
Order
25 GRANTING the the People's Motion
Motion to
to Revoke
Revokethe
theDefendant's
Defendant's Probation
Probation and
and Impose
Impose Jail
Jail
26 Sentence.
27 27 \\ 28
Decision Decision &
& Order
Order Re.
Re. People's
People'sMotion
MotiontotoRevoke
RevokeDefendant's
Defendant'sProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
People People v. White,
White, CF0376-16 Page]1of
of13
BACKGROUND
1
2 On June 28, 2016, the Defendant was charged for the offenses of: (1) POSSESSION OF
3 A SCHEDULE II CONTROLLED SUBSTANCE SUBSTANCE (As
(As aa 3rd Degree Felony); and (2) DRIVING 4 . .
WITHOUT A LICENSE LICENSE (As
(As aa Violatlon).
Violation). See IndIctment Indictment (June
(June 28, 2016).
5 DefendantWhite's A. Defendant White's Violations Violations on
on Pre-Trial
Pre-Trial Release
6
7 While on pre-trial release, the pre-trial release, the Probation Probation Services
Services Division ("Probation") filed two (2)
("Probation") filed
8 violations against the Defendant. On July 12, 2016, the the Defendant received his first violation for
99 the following reasons: (1) his failure to report to to Probation three
three (3)
(3) times
times a week
week as
as ordered;
ordered, and
10 his first positive test test for methamphetamine after submitting to a drug drug test
test with
with Probation.
Probation. See
See Ilet
st
11 11 Violation Report Violation Report (July (July 12,
12, 2016).
2016). The
The Defendant
Defendant was
was arraigned
arraigned on
on July
July 13,
13, 2016,
2016, where
where he
he
12 12
13 13 waived his right to speedy Mal.
trial. See Arraignment Hr'g Hr'g Mins.
Mins. at
at 8:57:54AM
8:57:54AM (July
(July 13,
13, 2016).
2016).
14 14 Following his arraignment, the case was assigned to the Adult Adult Drug
Drug Court
Court on
on July
July 14,
14, 2016. See
15 15 Notice (July 14, 2016).11 16 16 For the second
second violation,
violation, the report
report indicated
indicated that the Defendant failed failed to report
report to
17 17 18 Probation three (3) times a week week as
as ordered
ordered on
on "July
"July5,5, 6,6, 8,8, 11,
11, 13,
13, 15,
15, 18,
18, 20,
20, 22, 25, 27, and
18
19 19 29, 2016 and August 1 and 3, 3, 2016."
2016." 2nd
2nd Violation
Violation Report (Aug. 4, 4, 2016).
2016). Because
Because the
the Defendant
Defendant
20 20 failed to appear for a court-ordered hearing, the court issued a bench warrant on August 8, 2016. 21 See Bench Warrant See Bench Warrant (Aug (Aug.. 99,
, 22016).
0 1 6 ). PPending the wwarrant's end ing the return, the arrant's return, the PPeople ddeemed eemed the
the
22 Defendant Defendant legally legally eligible
eligible to
to participate
participate in
in the
the Adult
Adult Drug
Drug Court
Court II Program
Program ("ADC
("ADC I").
I"). See
See Ppl.
Ppl. 's
23 24 Decl.
Deel. (Aug. 15, 15, 2016). On October 13, 13, 2016, the warrant was returned and addressed four (4)
24
25 25 days later. See Return later. See Return of
of Warrant
Warrant Hr'g
Hr'g Mims. at 10:24:30AM
Mins. at 10:24:30AM (Oct.
(Oct. 17,
17,2016). The Defendant
26
27
28 11 When When charged, charged,this
thiscase
casewas
wasoriginally
originally assigned
assignedto
tothe
theHonorable
Honorable Vernon
Vernon P.
P. Perez.
Perez.
Decision Decision &
& Order
Order Re.
Re. People's
People'sMotion
MotiontotoRevoke
RevokeDefendant's
Defendant'sProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
People v. White, CF0376-16 v. White, Page 2 of
of 13
remained remained confined confined at Department of at the Department of Corrections ("DOC") for the next few few proceedings
proceedings before
1
2 the court.
3 On February 2, 2017, 2017, the
the Defendant
Defendant received
received aa clinical eligibility eligibility to participate in ADC I.
4 .
See Decl.
Deel. (Feb.
(Feb. 2, 2017). Pursuant
Pursuant to
to aa Deferred
Deferred ADC I Plea Agreement, the court court deferred its
5 acceptance of of the Defendant's
Defendant's guilty
guiltyplea
pleafor
for two
two (2)
(2) years
years as
as to the first charge
charge of
of POSSESSION
POSSESSION
6
OF A SCHEDULE II CONTROLLED SUBSTANCE SUBSTANCE (As
(As aa 3rd
3rd Degree Felony). See Order After 7
8 Hr'g (Apr. 13, Hr'g (Apr. 2017). 2 13, 2017).2
9 B. Defendant DefendantWhite's
White's Violations
Violations in
in Adult
Adult Drug Court
10 10 While enrolled
enrolled in ADC
ADC I,I, the
the Defendant
Defendant accumulated
accumulated fourteen
fourteen (14)
(14) violations
violations from
11 11
Probation. Before receiving his Probation. his first violation violation in
in ADC
ADCI,I,the
the Defendant
Defendant excelled
excelled in
in the
the program.
program.
12 12
13 13 Not only did the court award award him
him incentives, the Defendant was promoted to Phase III within the
14 14 program program for his progress.
for his progress. However, However, the
the Defendant
Defendant received
received his
his first
first violation
violation in
in ADC
ADC II on
on
15 15 October 10, 10, 2017. For the first
first violation, the
the report indicated that the Defendant failed to report 16 16 to Probation for drug testing to testing on September 25, 25, 2017. See 1st
2017. See 1stViolation
Violation Report
Report Phase
Phase III
III (Oct.
(Oct. 10,
10,
17 17 2017). In addition, 2017). In addition, the the Defendant
Defendant failed
failed to
to obey
obey the
the laws
laws of
of Guam
Guam when
when he "was charged with 18 18
19 19 Burglary in CF0558-17." Id.
20 20 Prior to to a Progress Hearing on December 12, Progress Hearing 12, 2017, 2017, the Defendant was released released from
21 DOC's DOC's custody custody and
and was
was reportedly
reportedly back
back on
on track
track in
in ADC
ADC II as
as of November 7,
ofNovember 7, 2017. See Progress 22 Hr'g Mims. Hr'g Mins. at at 2:48:59PM (NOV. 2017). On the (Nov. 7, 2017). the day day of the Defendant's
Defendant's next
next ADC
ADC II Progress
Progress
23
24 Hearing, Probation Probation filed
filed a second
second violation report for the the Defendant's failure
failure to report for drug 24
25 25 testing on December testing December 11, 11, 2017. See
See 2nd Violation Report Phase III (Dec. 12, 12, 2017).
2017). Two days
26 26 later, the Defendant Defendant received
received aa third
third violation
violation after
after he
he "admitted
"admitted to
to smoking
smoking 'ice'
'ice' on
later, the on Tuesday, Tuesday,
27
28 28 2 2 Upon the court Upon the deferring its court deferring its acceptance acceptanceofof the
the Defendant's
Defendant's guilty plea, the the court dismissed the Second dismissed the Second Charge Charge of
of
DRIVING DRIVINGWITHOUT WITHOUTAALICENSE
LICENSE (As a Violation).
(As a Violation).See
SeeOrder
OrderAfter
AfterHr'g
Hr'gatat55(Apr.
(Apr.13,
13, 2017).
2017).
Decision Decision &
& Order
Order Re.
Re. People's
People's Motion
MotiontotoRevoke
RevokeDefendant's
Defendant'sProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
People v.
v. White,
White, CF0376-16
CF0376-16
Page Page 3 of
of 13
December 12, 2017, via 12, 2017, via written
written declaration."
declaration." Violation
Violation Report Phase
Phase III
HI (Dec. 14,
14, 2017).
2017). On
1
2 2 December 19, 19, 2017, thecourt
2017, the courtsanctioned sanctionedthe
theDefendant
Defendantfour
four(4)
(4)days
daysatatDOC.
DOC.See
SeeProgress
ProgressHr'
Hr'g
3 Mins. at 3:01:25PM (Dec. 19, 19, 2017).
2017).
4 The Defendant's
Defendant's case was eventually case was assigned to eventually assigned to the the Honorable
Honorable Anita
Anita A.
A. Sukola
Sukola on
5 January1,1,2018. January 2018.Less Lessthan
thanaamonth
monthafter
afterhis
his release,
release, Probation
Probation filed
filed the Defendant's fourth fourth
6
7 violation for violation for his his failure
failure to
to report
report three
three (3) times
times aa week
week as
as ordered
ordered and to
to obey all laws of
of Guam.
Guam.
7
8 8 See 4th Violation Violation Report Phase III (Jan.
(Jan. 5, 2018). The Defendant was charged charged with
with Terrorizing
Terrorizing
9 9 Id. 3 in CF0006-18. Ia'.3 10 For For the Defendant's fifth fifth violation,
violation, Probation
Probationreported
reported his
his failure to report three three (3)
(3) times
11 11 a week for for drug
drug testing
testing and
and for
for weekly
weekly group
group counseling
counseling sessions. See5th sessions.See 5thViolation ViolationReport
Report (May
(May
12 12
13 13 10, not report 10, 2018). When the Defendant did not reportto to another
anotherADC
ADC I Progress
Progress Hearing,
Hearing, the
the court issued
14 14 another benchwarrant another bench warrantfor forhis
hisarrest.
arrest.See
SeeProgress
ProgressHr'g
Hr'g Mins. at 10:24:48AM (May, (May,11, 2028). 4
11, 2028).4
15 15 Again, the the Defendant
Defendant received another violation from Probation another violation Probation for failing to report three (3)
report three (3)
16 16 times a week for drug the months drug testing between the monthsof of May and August.
August. See
See 6th
6thViolation
Violation Report
17 17 18 Phase Phase III (Aug.
(Aug. 15,
15, 2018).
2018). For
For the
the Defendant's
Defendant's seventh
seventh violation,
violation, the
the Defendant
Defendant "admitted via
18
19 19 written declaration declaration to
to smoking
smoking 'ice'
'ice' on
on Monday
Monday August
August 13,
13, 2018."
2018." 7th
7th Violation
Violation Report
Report Phase
Phase
20 III (Aug.
(Aug. 16,
16, 2018).
21 On September 13,
13,2018,
2018,Probation
Probationfiled
filedthe
theDefendant's
Defendant's eighth
eighthviolation
violation after he
he failed
failed to
22 22 report for drug drug testing as
as ordered on several dates in August and and September. See 8th
September. See SthViolation Violation
23
24 Report Phase III (Sept. 13, Phase III 2018). The 13, 2018). The following day, day, the
the court issued
issued another
another bench warrant
warrant
24
25 25 when he he failed to appear
appear for an ADC II Progress Progress Hearing.
Hearing. See
See Bench
Bench Warrant
Warrant (Sept. 14,
14, 2018).
26 26 3 The com notes that the Defendant was not held in this instant case while in confinement for CF0006-18. In that 3 The court notes that the Defendant was not held in this instant case while in confinement for CF0006-18. In that 27 27 case, the Defendant was released case, the on March 6, released on 6, 2018, 2018, upon
upon another
anothercourt
courtdeferring
deferringhis
hisguilty
guiltyplea.
plea. See
See Order
Order After
After
Hearing (CF0006-18)
(CF0006-18) (Mar. 6, 2018);
2018); see also Release (CF0006-18) (Mar. 6, 6, 2018).
28 28 4 Prior to its return, the court vacated this bench warrant on August 15, 2018, after marshals arrested 4 Prior its return, court vacated this bench on August 15, 2018, after marshals the Defendant on another warrant warrant filed
filed on
on June 20, 2018,
June 20, 2018, in CF0006-18.
CF0006-18.
Decision Decision & Order
Order Re. People's
People's Moron
MotiontotoRevoke
RevokeDefendant's
Defendant'sProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
People v.
v. White,
White, CF0376-16
CF0376-16
Page 4 of
of 13
On October 1, 2018, the the warrant
warrant was
was returned,
returned, which
which also
also led
led to
to the
the Defendant's
Defendant's ninth violation.
1
22 See Return of of Warrant Service
Service (Oct. 1,
1, 2018). For this violation, the Defendant Defendant "[f] ailed to refrain "[f]ailed
3 from ingesting/consuming illegal controlled substances," which he admitted through his written 4 | . . . . .
declaration to to smoking
smoking ice prior arrest. 9th poor to arrest. 9th Violation Vlolatlon Report Phase
Phase III (Oct. 1,
1, 2018). For
For the
5 Defendant's eighth eighth and
and ninth
ninth violations,
violations, the court sanctioned him thirty (30) days at DOC and 6
7 to check
ordered him to check in in with
with Probation
Probation upon
upon his
his release.
release. See Return of
See Return ofWarrant
Warrant Hr'g
Hr'gMims.
Mins. at
8 1:36:36 1:36:36-- 36:54PM 36:54PM (Oct.
(Oct. 1,
1, 2018).
9 Shortly after serving sewing his sanction
sanction at DOC, the Defendant Defendant received
received aa tenth violation for his
10 charges in CF0654-18:
new charges CF0654-18: Aggravated Aggravated Assault,
Assault, Family
Family Violence,
Violence, and
and Violation
Violation of aa Court
Court
111 1
Order. See Order. 10th Violation See 10th Violation Report Report Phase
Phase III
III (Nov. 16, 2018).
(Nov. 16, 2018). For
Forthe
the Defendant's
Defendant's eleventh
eleventh
12 12
13 13 violation, Probation indicated that he:
14 14 Failedtotorefrain 1. Failed refrain from from ingesting/consuming
ingesting/consuming illegal illegal controlled
controlled substances.
substances. On
February 18, 2019, February 18, 2019, thethe probationer submitted submitted to Probation to a drug test at the Probation 15 15 Office which yielded presumptive positive positive results for methamphetamines.
methamphetamines. The
16 16 probationer denied probationer denied using using any illegal drugs and his urine sample was sent for off-island confirmatory off-island confirmatory testing.
testing. On February 26, On February Probation Office 26, 2019 the Probation Office 17 17 received confirmed eceived confir med results esults that probationer's tha t the pr oba tioner 's urine ur ine was positive
positive for
for
methamphetamine.
18 18 th st
19 19 This marks the probationer's 4th POS POS and
and 1let challenge
challenge urinalysis
urinalysis since
since entering
entering
the ADC I program.
20 20 Failedtotoreport
2. Failed reportto
to the
the Probation
Probation Office
Office for
for three times weekly
weekly drug
drug testing. The
21 probationer isis required required toto report
report for
for drug
drug testing
testing every Monday, Wednesday, 22 22 Friday, and as instructed and failed report on the following dates: February 25, 2019; March 1,
27, 2019, 1, and 5, 2019.
23 23 nth Violation 11th ViolationReport ReportPhase
PhaseIII
III(Mar.
(Mar. 6,
6, 2019).
2019). Two
Two days
days later,
later, the court
court issued another bench 24
25 25 the Defendant's warrant for the Defendant's arrest arrest after he failed to appear for his court-ordered ADC I Progress
26 26 Hearing. See Progress Hr'g Hr'g Mims. at 10:22:49AM (Mar. 8, Mins. at 8, 2019).
2019). Awaiting
Awaiting the warrant's return, 27 27 Probation filed filed the Defendant's twelfth twelfth violation
violation for
for his
his failure
failure to report
report to Probation three (3)
28
Decision Decision &
& Order
Order Re. People's
People'sMotion
MotiontotoRevoke
RevokeDefendant's
Defendant'sProbation
Probationand
andImpose
Impose Jail
Jail Sentence
Sentence
People v.v. White,CF0376-16 White, Page 5 of
of13
times a week and to to his weekly group counseling counseling sessions. See 12th sessions. See 12thViolation Violation Report
Report Phase
Phase III
III
1
2 2 (Nov. 21, 2019).
tNov.21,2019).
3 The court addressed thewarrant's addressed the warrant'sreturn returnon
onNovember
November 22,
22,2019,
2019,allowing
allowing the
theDefendant's
Defendant's
4 . . . .
release on the release the following Friday but also following Frlday also agreeing agreeing to
to his
his transfer outof
transferout of ADC Return of ADC I. See Return of
5 Hr'g Mins.
Warrant Hr'g Mins. at at 1:23: 13 ---27:1
1:23:13 27:11PM (Nov. 22, lPM (Nov. 2019). On
22, 2019). November26, On November 26, 2019,
2019, the
the parties
parties
6 7 filed filed the the Defendant's
Defendant's Stipulated Order Modifying Probation Stipulated Order Probation and and Transfening
Transferring Defendant
Defendant from
7
8 Adult Drug Court I. which ultimately deferred Adult deferred the court's court's acceptance
acceptance of his guilty plea plea for
for another
another
9 9 two (2)
(2)years.
years. See
See Stipulated
Stipulated Order
Order (Nov. 26,2019).
(Nov.26, 2019).Despite
Despitethe
thecourt
courtreleasing
releasinghim
him in
in this
this matter
10 on November November 29, 29, 2019,
2019, the
the Defendant
Defendant remained
remained held in
in his
his restitution
restitution case and set to be auto-
11 11 released on December 15, 15, 2019. See Further
2019. See FurtherProceedings Proceedings Mins.
Mims.atat10:14:17AM
10:14:17AM (Dec.
(Dec. 4, 2019).
12 12
13 1 Following Followinghis hisauto-release,
auto-release, the
the court
court issued
issued aa summons
summons for the
the Defendant's
Defendant's appearance
appearance in court
14 14 he was not when he not present presentfor
for his
his Progress
Progress Hearing on
on January 7,2020.
January 7, 2020.See
SeeProgress
ProgressHr'g
Hr'g Mins. at
15 15 l0:43:42AM 10:43:42AM(Jan.
(Jan. 7,
7, 2020).
2020).
16 16 Probation filed the Probation filed the Defendant's thirteenthviolation Defendant's thirteenth violationafter after"[h]e
"[h]e failed to report
report on the
the
17 17 18 following following dates:
dates: December
December 23,
23, 26,
26, 27, and 30,
27, and 30, 2019,
2019, the
the entire
entire month
month ofofJanuary
January 2020,
2020, and
and
18
19 19 February 3, 5, 5, 7, 10,12,
7, 10, 12,14,
14,17,
17,19,
19,21,
21,and
and24,24,
2020." 13111
2020." 13thViolation
ViolationReport
ReportPhase
Phase111 (Feb. 25,
III (Feb.
20 20 2020). Although Althoughthe
theDefendant
Defendantwas
wassupposed
supposed to
to be
be transferred
transferred to
to traditional
traditional probation,
probation, the court
21 instead issued a bench benchwarrant
warrantfor
for his
his arrest
arrest on
on February
February 28,
28, 2020.
2020.See
SeeBench
BenchWarrant
Warrant (Feb.
(Feb. 28,
22 Almost five
2020). Almost fiveyears yearslater,
later, this
this warrant
warrant was
was returned
returned on
on January
January 9, 2025. See
9, 2025. Return of
See Return
23 23 24 Warrant Service (Jan.
Warrant (Jan. 9, 2025). The court court subsequently
subsequently scheduled the Defendant's scheduled the Defendant's Revocation Revocation
24
25 25 Hearing for for February
February 20,
20, 2025,
2025, and issued
issued revocation
revocation petition and opposition deadlines deadlines for the
26 26 People People and and the Defendant. See Return of of Warrant
Warrant Hr'g
Hr'gMims.
Mins. at
at 10:
10:17:55AM (Jan.
(Jan. 16, 2025).
27
28
Decision Decision &
& Order
Order Re.
Re. People's
People'sMotion
MotiontotoRevoke
RevokeDefendant's
Defendant'sProbation
Probationand
andImpose
Impose Jail
Jail Sentence
Sentence
People v. White,CF0376-16 White, Page Page 6
6 of
of13
Prior to
to the
the Revocation
Revocation Hearing,
Hearing, Probation
Probation filed
filed the
the Defendant's
Defendant's fourteenth
fourteenth violation
l
2 stating the Defendant's:
stating the Defendant's:
3 Failure to obey obey all
all the
the laws
laws ofofGuam.
Guam.On OnJanuary
January 16,
16, 2025,
2025, [an] Indictment
Indictment was
was
filed against, the Defendant, against, the Defendant, in in the the Superior
Superior Court
Court of
of Guam,
Guam, for
for the
the charge
charge of
4 rd Assault on aaPeace
PeaceOfficer
Officer (As
(As aa 3rd DegreeFelony)
Degree Felony)22 Counts Notice:
Notice: Commission
5 of ofaa Felony While
While onon Felony
Felony Release,
Release, inin CF0019-25.
CF0019-25.
6 14th 14th Violation Report Phase Phase III (Jan.
(Jan. 27, 2025). On the
27, 2025). the day
day of
of the
the Defendant's
Defendant's Revocation
Revocation
7 \ 7 Hearing, the People filed thePeople filed two
two motions:
motions:(1)
(1) People's
People's Motion
Motion for
for Leave
Leave of
ofCourt the People's Court to File the People's 8 Motion Motion to to Revoke
Revoke Defendant's
Defendant's Probation
Probation and Jail Sentence;
and Impose Jail Sentence,and and(2)
(2)People's
People's Motion
Motion to
9 9
10 10 Revoke Defendant's Defendant's Probation and Impose Probation and ImposeJail JailSentence
Sentence("Motion
("Motion to
to Revoke"). Despite
Despite the
the
11 11 People's lack People's ofsufficient lack of sufficientreason
reason for
for not
not complying
complyingwith
with the
the court's
court's deadlines
deadlines in
in anticipation of
of
12 12 the Defendant's Revocation Revocation Hearing,
Hearing, the
the Defendant
Defendant did
did not
not object
object to
to continuing
continuing the
the hearing.
hearing. See
13 1 Revocation Revocation Hr'g Hr'gMins.
Mins.atat2:2:14:49-
14:49 - 19:
19: 17PM (Feb.
(Feb. 20,
20, 2025).
2025). Therefore,
Therefore,the
the court
court continued
continued the
14 14 Revocation Hearing Revocation Hearing to 10, 2025, to April 10, 2025, to
to allow
allowthe
theDefendant
Defendant the
the opportunity
opportunity to file his
to tile his
15 15
16 16 opposition opposition to the the People's
People's Motion
Motion to Revoke. Id. The TheDefendant
Defendantsubsequently filed his Opposition subsequently filed
17 17 to the Motion to the Motion to Revoke ("Opposition")
("Opposition") on
onMarch
March 7,
7, 2025.
2025.
18 18 At the At the Revocation
Revocation Hearing
Hearing on
on April
April10,
10,2025,
2025,the
thecourt
courtheard
heard from
from Probation
Probation and
and both
19 19 parties to to determine whether to
determine whether to revoke the Defendant's Defendant's probation.
probation. Probation provided provided the court
court
20 with the the Defendant's
Defendant's history
history in
in this
this case,
case, referencing
referencing his
his completed
completedand
and pending
pending probationary
probationary
21
22 22 conditions. See Revocation conditions. See RevocationHr'g Hr'g Mins.
Mins. at
at 3:08:20
3:08:20-- 09:45PM
09:45PM (Apr. 10,
10, 2025).
2025). The People
People
23 23 requested thecourt requested the courttotorevoke revokehis
hisprobation
probationdue
duetotofive
five (5)
(5) years
years of not reporting
reporting or complying
24 Probation. Id. at 3:10:49 - 11:47PM.
with Probation. 11:47PM. In In contrast,
contrast, defense counsel counsel addressed some of addressed some of the
25 25 treatment hepreviously treatment he previously completed before falling falling off
offtrack
trackwith
withProbation
Probationand
and asked
asked the court to
26
27 27 enter his guilty plea instead of revoking him. Id. at instead ofI
at 3:11 :50-- 13:08PM.
3:11:50 13:08PM. The Defendant himself
28 requested the the court
courtto
to give
give him one more chance to prove himself himselfand
and seek
seek help. Id. at
at 3:13:34-
13:34 -
rI
Decision Decision &
& Order
Order Re.
Re. 'People's
1
People's Motion
Motionto
toRevoke
RevokeDefendant's
Defendant'sProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
· People v.
v. White,
White, CF0376-16
CF0376-16
Page 7 of
of 13
i
14:36PM. took the parties' arguments, the court took 14:36PM. After hearing the parties' matter under the matter advisement. Id under advisement. Id at
1
22 3:15:13 3:15:13-15:20PM.
3 DISCUSSION DISCUSSION
4 Ifthe If the court
court finds substantial withaasubstantial
complywith
"inexcusably failed to comply has "inexcusably
that the Defendant has
finds that
5 requirement imposed as requirement imposed condition of as aa condition the order," itit may of the revoke probation may revoke and sentence probation and or sentence or
6 7 resentence resentence the the offender.
offender. 99 GCA
GCA §§ 80.66(a)(2).
80.66(a)(2). If
If aa court
court chooses
chooses to
to revoke
revoke probation,
probation, the
the court
court
7
88 may sentence may sentence aa defendant defendant to
to any
any sentence
sentence that
that it
it may
may have
have originally imposed. See originally imposed. See 99 GCA GCA §§
9 80.66(b). However, it shall not not revoke of a condition unless defendant's violation of
revoke probation for aa defendant's 10 10 . . . . n determines that
the court determines revocation "will that revocation justice and best satisfy the ends ofjustlce "wlll best the best and the interests of best interests of
11 11 the public" under all all circumstances.
circumstances.99GCA
GCA §§ 80.66(a)(2).
80.66(a)(2).
12 12
133 1 The Supreme Court of Guam held that "probation is aa favor granted by by the state, not aa
14 is entitled." People v.
right to which a criminal defendant is Camacho, 2009 Guam 61126 v. Camacho, 6, (quoting
15 15 Parker v, v. State,
State, 676 N.E.2d 1083, 1085 (Ind.
(Ind. Ct. App. 1997)).
Ct. App. To revoke 1997)). To defendant's probation, revoke aa defendant's
16 16 "make aa factual determination that the court must make two determinations. First, the court must "make 17 17 18 a violation violation of of aa condition
condition of
of probation has actually probation has actually occurred.
75
,
Guam 66 1127
occurred." Camacho, 2009 Guam 18
19 19 (quoting Parker, Parker, 676 N.E.2d 1083 1085). If the violation 1083 at 1085). must court must
violation is proven, then the court
20 "determine if if the violation
violation warrants revocation revocation of
of probation." Id
21 A. Defendant
DefendantWhite
White violated
violated the
the conditions his probation.
of his
conditions of
22 The standard for determining whether a probationer violated a condition condition of
of probation is
23 23 24 that "the evidence and and the
the facts
facts be
be such
such as
as reasonably
reasonably necessary satisfy the judge that the necessary to satisfy
24
25 25 probationer's conduct has not been as required by the the conditions
conditions of
of probation." Camacho, 2009
26 26 Guam 6, 1130 v. Angoco, (quoting People v. 30 (quoting Angoco, 1998 1998 Guam 1] 7).
10,
Guam10
27
28
Decision Decision &
& Order
Order Re. People's
People'sMotion
MotiontotoRevoke
RevokeDefendant's
Defendant'sProbation
Probationand
andImpose
Impose Jail
Jail Sentence
Sentence
Peoplev. v. White,CF0376-16 White, Page 88 of
of13
I
In In this
this case, Defendant had case, the Defendant hadaccumulated accumulatedaatotal
totalof
ofsixteen
sixteen(16)
(16)violations:
violations: two
two (2) prel
22 trial trial violations, violations, and fourteen (14)
and fourteen (14) ADC IIviolations.
violations. The
Thecourt
courtcan
can factually
factually determine
determine that
that all
3 these these violations actually actually occurred
occurred for
for several
several reasons.
reasons. For
Forinstance,
instance, the
the Defendant
Defendant submitted
submitted
4 written declarations to written to most of his positive drug test results, posltlve drug results, and andreceived
received laboratory
laboratory confirmation
5 results. In its factual
for his contested positive results. factual determination that thatthe
theDefendant
Defendantfailed
failed to
to obey
obey all
6
7 the laws of Guam, Guam, the
the court
courtreviewed
reviewed the
the indictments
indictmentsfor
for all
all four (4) felony
felony cases
cases the
the Defendant
7
8 8 was charged and andreceived
received violations
violations for
for in
in this
this case. For
For his absence from the
absence from the court's
court's supervision,
9 9 the court refers to the returns returnsof
of the
the five
five warrants issued in this this case.
case.Based
Basedon
onthe
theviolation
violation reports,
10 10 . . .
court's record the coult's record of ofevents,
events, the
the Defendant's
Defendant'sadmlsslons,
admissions, and
and the
the parties'
parties' arguments,
arguments, the
the court
court
11 finds that the the Defendant
Defendant has
has violated multiple conditions of violated multiple of his probation on several occasions.
12 12
13 1 B. Defendant DefendantWhite's
White'sviolations
violations warrant
warrantrevocation
revocation of
of his probation.
14 14 With regard With regard to probation
probation revocation, the the Supreme
Supreme Court of
of the
the United
United States
States has
has noted
15 15 that "the State State clearly
clearlyhas
has an
an interest
interest in
in punishment
punishment and deterrence, deterrence, but
but this
this interest
interest can
can often
often be
16 16 served fully sewed fully by by alternative
alterative means ... [T]he means... [T]hestate
state isis not
not powerless
powerless to
to enforce
enforcejudgments
judgments against
against
17 those financially unable unable to pay a fine. For example, the the sentencing court could extend the the time
time for
18 18
19 19 making payments, payments, or
or reduce
reducethe
thefine,
fine, or
or direct that
that the
theprobationer
probationerperform
performsome
someform
form of
of labor or
20 20 public service public service in in lieu
lieu of
of the
the fine." Bearden v.v. Georgia, fine." Bearden 461 U.S. 660, Georgia, 461 660, 671-72 (internal (internal citations
citations
21 and quotationsomitted). and quotations omitted).
22 As As mentioned
mentioned earlier,
earlier, the
the court
court may
may revoke probation ififititfinds revoke probation findsthat thatthe
the probationer
probationer has
has
23 23 5)
"inexcusably "inexcusablyfailed failedtotocomply
complywith
withaasubstantial
substantial requirement imposed as a condition requirement imposed condition of the order."
24 24
25 25 9 GCA §§80.66(a)(2).
80.66(a)(2).InInother
otherwords,
words,aaprobationer's
probationer'sviolation
violationwarrants
warrants revocation
revocation when
when the
the
26 26 violation upsets violation the intent upsets the intent of
of the probation conditions.
conditions. When
When facing
facing revocation, "the
"the defendant
defendant
27 27 bears bears the burden burdenof
of showing
showing an
anexcuse
excusefor
forfailure
failure to
to comply
comply with the
the condition."
condition." Camacho,
Camacho, 2009
28
Decision Decision &
& Order
Order Re. People's
People'sMotion
MotiontotoRevoke
RevokeDefendant's
Defendant'sProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
People v.
v. White,CF0376-16
White, Page 9 of
of13
,r 30
Guam 6 1] 30 (quoting (quoting State v.
v. Peters, 609 A.2d
Peters, 609 A.2d 40,
40, 43
43 (N.J.
(NJ. 1992)). In Camacho, the Supreme 1992)). In
2 Court of Guam held that the the probationer's
probationer's failure
failure to
to report
report for
for drug
dog testing was serious enough to
3 warrant revocation when considering the condition being violated was treatment. See Camacho, Camacho,
4 . . . s ,r 32. Despite
2009 Guam 6 1132. Desplte not not paying
paying the
the fine
fine as
as required
required under
under probation,
probation, the
the Supreme
Supreme Court
Court of
of
5 Guam reasoned that failure to pay a fine alone was not not as
as serious
serious as
as not
not reporting for drug tests, 6
7 because because the defendant was convicted of drug-related defendant was offenses and drug-related offenses and had drug drug testing listed as aa 7
8 condition of probation to ensure the the defendant
defendant remained
remained sober.
sober. Id.
Id
9 Like· the
the probationer
probationer in Camacho,
Camacho, the only
only conditions
conditions pending
pending completion
completion were the
10 10 Defendant's treatment Defendant's treatment and and fine. During
During the
the Revocation Hearing,the Revocation Hearing, theDefendant Defendantargued
arguedthat
that he
he can
can
111 1
get back on track track with
with his
his probation
probationif
if given
given the
the chance,
chance,which
which he
hehas
haspreviously
previouslydone
donein
inADC
ADC II
12 12
13 13 before being terminated. before being terminated. See See Revocation
Revocation Hr'g
Hr'g Mins.
Mins. at 3:11:50
3:11:50 - 13:08PM
13:08PM (Apr.
(Apr. 10,
10, 2025).
2025).
14 has already However, the People argued that the court has already afforded him many chances to complete
15 15 treatment since the court deferred his guilty guilty plea
pleainin2017.
2017. Id.
Jd. atat3: 14:50 15: 12PM.
3:14:50-15:12PM.
16 Although deferred, Although deferred, the
the Defendant
Defendant pled
pled guilty
guilty to
to POSSESSION
POSSESSION OF
OF A
A SCHEDULE II
17 17 CONTROLLED CONTROLLED SUBSTANCE SUBSTANCE (As aa 3rd
3rd Degree
Degree Felony).
Felony). So,
So, the
thesubstantial
substantial requirement
requirement
18
19 19 imposed as a condition in this case was the Defendant's Defendant's completion
completion of
of treatment. When imposing
20 20 probationary condition, the purpose of doing so is to achieve sustained sobriety for treatment as a probationary 21 a defendant. However, sobriety becomes unattainable without the right right support.
support. The court gave
22 the Defendant multiple opportunities before before considering revocation, revocation, such as providing support support
23
24 through the Adult Drug Court as an alternative to imprisonment imprisonment at
at DOC. The could acknowledges court acknowledges
24
25 25 the Defendant's past progress in ADC II before before he
he was
was ultimately
ultimately terminated
terminated from
from the program.
26 26 Even after transferring the Defendant Defendant out of
of ADC I, the court still deferred acceptance of his his guilty
guilty
27 27 plea for another two (2) years.
another two years.
28 28
Decision Decision &
& Order
Order Re.
Re. People's
People'sMotion
MotiontotoRevoke
RevokeDefendant's
Defendant'sProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
People v.
v. White,
White, CF0376-16 Page 10
10 of
of 13
In his Opposition, the Defendant Defendant reasoned
reasoned that
that "this
"this is
is his first violation" after transferring 1
2 to traditional traditional drug dog court.
court. Def.'s
Def.' s Opp'n
Opp 'natat 5.
5. However,
However, the
the Defendant
Defendant neglects
neglects the
the fact
fact that because
3 he went went missing missing from
from the
the court's
court's supervision
supervision for
for almost
almost five
five (5)
(5) years
years - instead of using the 4 additional two (2) years to get back back on
on track
track with
with treatment
treatment -- Probation could could not
not accurately track
5 his progress progress with sobriety, treatment, or sobriety, treatment, or his his other
other conditions.
conditions. While
While the
the court is
is aware
aware of the
6
difficulties in difficulties in dealing with addiction, addiction, the
the Defendant cannot expect to to overcome his addiction or 7
8 complete complete his remaining probationary conditions if probationary conditions if he he continues absconding from continues absconding from the court's court's
9 supervision and getting charged in new cases.
10 Unless the court determines that revocation "will best best satisfy the ends of
of justice and the
11 11 best interests of the public" under all interests of all circumstances, circumstances, the court shall not revoke probation probation for
for
12 12
13 violating aa probationary violating probationary condition.
condition. 99 GCA
GCA §§ 80.66(a)(2). Instead of 80.66(a)(2). Instead of revocation, the Defendant revocation, the Defendant
14 requests to "defer the motion to to revoke
revoke until
until the
the two
two pre-trial
pre-trial case[s]
case[s] are resolved and to avoid 15 15 possible double jeopardy jeopardy issues
issues when
when revoking probation for an offense in which the Defendant 16 16 will also face face incarceration." Def.'s incarceration." Def. 's Opp'n at at 6.
6. Although
Although the
the Defendant
Defendant states
states that
that revocation
17 17 would raise raise possible double jeopardy possible double jeopardy issues, issues, he
he provides
provides no authority reason for authority or reason for how the 18 18
19 revocation of this case would bar or be barred barred by
by the
the subsequent
subsequent prosecutions
prosecutions of
of his four
four (4)
(
20 20 subsequent subsequent felonies felonies under
under any
any of
of the
the applicable
applicable circumstances
circumstances under
under 99 GCA
GCA §§ 1.26.5
1.26. 5
21
22 5 A prosecution of a defendant for a violation of a different provision of the statutes or based on different facts than 5 A of a for violation of a different provision of the statutes or based on different facts than 23 23 a former prosecution is barred by by such former former prosecution
prosecution under the the following following circumstances:
circumstances:
(a) The (a) The former
formerprosecution
prosecution resulted
resulted inin an
an acquittal
acquittal or or in
in aa conviction
conviction as as defined
defined in in §§ 1.24
1.24 and
and the
the
24 24 subsequent prosecution prosecution isis for:
for:
(1) any (1) any offense
offense ofofwhich
whichthe the defendant
defendant couldcould havehave been been convicted
convictedon on the
the first prosecution,
first prosecution;
25 25 (2) any (2) any offense
offenseofofwhich
whichthe thedefendant shouldhave defendantshould havebeen beentried
triedon
on the
the first prosecution under first prosecution under Subsection Subsection (b) (b) of
of§ 65.30
65.30 ofofthetheCriminal
CriminalProcedure
Procedure Code Codeunless unless thethe court
court ordered
ordered aa
26 26 separate trial of separate trial of the
the charge
charge of of such
such offense;
offense, or or
(3) the (3) the same conduct, unless (A) the offense unless (A) the offense of whichof which the defendant was the defendant was formerly formerly convicted
convicted
27 27 or or acquitted andand the
the offense
offense for
for which
which he he isis subsequently subsequently prosecuted each requires prosecuted each requires proof proof of ofaa fact
fact not
not required by the the other andand the the law
law defining
defining each of such
each of offenses is such offenses is intended to intended to
28 28 prev ent a substantially prevent differentharm substantially different harmororevil, ev il,or or (B)
(B) the
the second
second offense
offense was was not
not
consummated when the former trial the former trial began.
began.
Decision Decision &
& Order
Order Re.
Re. People's
People'sMotion
MotiontotoRevoke
RevokeDefendant's
Defendant'sProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
People v.v. White,
White, CF0376-16
CF0376-16
Page 11
11 of
of 13
hewas
Although he wasonly
onlycharged
chargedwith
With POSSESSION
POSSESSION OF
OF A ASCHEDULE
SCHEDULEIIIICONTROLLED
CONTROLLED
1
2 SUBSTANCE SUBSTANCE(As (Asaa 3rd DegreeFelony)
3rd Degree Felony)and
andDRIVING
DRIVINGWITHOUT
WITHOUT A
A LICENSE
LICENSE (As
(As a Violation)
Violation)
3 in in this case, the violent violent nature
nature of
ofhis
his subsequent
subsequent cases escalated with each one that was was filed,
filed; the
4 most recent case case being
being filed
filed this year. While
While the
the Defendant
Defendant believes
believeshe
he can
can get
get back
back on
on track with
5 Probation Probation ififthe the court
court gives
giveshim
himone
onelast
lastchance,
chance, the
the Defendant
Defendant has
has shown
shown the court the opposite 6
7 with with every every chance
chance it
it has given him
has given him since
since 2016.
2016.
8 Through his request to deny request to deny revocation, the Defendant asked this court asked this courtto
to allow him the
9 opportunity to "seek in~patient opportunity to treatmentatatthe in-patient treatment theSalvation SalvationArmy
ArmyLighthouse
LighthouseRecovery
Recovery Center."
Center."
10 Def.'s Opp'n Def.'s Opp'natat6.6. Although Althoughhehehas
hasnot
notdone
doneso,
so, this
this court
court has
has given
given the
the Defendant
Defendant the
the chance to
11 seek treatment treatmenton
onhis
hisown
own through
throughfacilities
facilitieslike
like Salvation
Salvation Army
Army Lighthouse
Lighthouse Recovery Center Center
12 12
13 13 since since it first first deferred
deferred acceptance of his guilty plea acceptance of plea back back in
in 2017.
2017. In Guam,
Guam, DOC provides
provides aa
14 14 Residential SubstanceAbuse Residential Substance AbuseTreatment Treatment("RSAT")
("RSAT") program
program for
for its
its inmates
inmates who
who are
are battling
battling
15 15 addiction. addiction. The court believes believes that
that it is in
in the
the best interests of the public and will will best satisfy the
16 16 ends ends of justice in this case case to
to give
give the Defendant the
the chance
chanceto
to seek
seekrecovery
recovery through
throughthe
theRSA
RSAT
17 17 program if sustained sobriety sobriety is what
what he
hereally
really wants
wants for
for himself.
himself.
18 18
19 19 Because the Defendant has inexcusably failed to has inexcusably to comply complywith
withtreatment
treatment as
as aasubstantial
substantial
20 20 condition condition of ofhis
his probation, the court finds finds that
thatrevoking
revoking the
theDefendant's
Defendant's probation
probationwill
will best satisfy
21 the ends ends of ofjustice
justice and
and the best interests of the public.
interests of
22 22
23 23
24 24 Theformer (b) The formerprosecution prosecution was
was terminated,
terminated, after
after the
the complaint was filed or the filed or the indictment
indictment found,
found,
by an
an acquittal
acquittal or by aa final
final order
order or
orjudgment
judgment for forthe
thedefendant
defendant which
which has
has not
not been
been set
set aside,
aside,
25 reversed reversed or vacated
vacated and
and which
which acquittal,
acquittal, final
final order
order ororjudgment
judgment necessarily
necessarily required
required aa
determination inconsistentwith determination inconsistent withaafact fact which
which must
must be be established
establishedforfor conviction conviction of thethe second second
26 26 offense.
(c) (c)The
Theformer
formerprosecution
prosecutionwaswasimproperly improperlyterminated,
terminated,as as improper improper termination
termination is is defined defined in
in §§ 1.24,
1.24,
27 and the the subsequent
subsequentprosecution
prosecutionisisforforan
anoffense
offense of
of which the defendant
defendant could
could have
have been convicted
convicted
had the
the former prosecution not been improperly terminated.
terminated.
28 9 GCA §§ 1.26. 9 GCA 1.26.
Decision Decision &
& Order
Order Re. People's
People'sMotion
Motionto
toRevoke
RevokeDefendant's
Defendant'sProbation
Probationand
andImpose
Impose Jail
Jail Sentence
Sentence
People v.
v. White, CF0376-16 Page 12
12 of
of13
r
CONCLUSION
1
2 For For the reasons
reasonsstated
statedabove,
above,the
theCourt
Courthereby
herebyENTERS
ENTERS the
the Defendant's deferred guilty
3 plea as as to
to the
thePOSSESSION
POSSESSIONOF
OFAA SCHEDULE
SCHEDULE II
11CONTROLLED
CONTROLLED SUBSTANCE
SUBSTANCE (As
(As aa 3rd
3rd
4 Degree Felony) and and REVOKES the
the Defendant's probation probation in
in the above-captioned matter.
matter. The
5 Defendant Defendant is hereby hereby SENTENCED to
to serve THREE (3)
serve THREE (3) YEARS of
of incarceration
incarceration at the
the
6
Department of Corrections, Department of Corrections, Mangilao, Mangilao, and
and shall
shall receive
receive credit
credit for
for time already
already sewed
served in
in this
this
7
8 matter.
matter. A Judgment shallbe Judgment shall be forthcoming.
forthcoming.
9
10 10 No No further
further proceeding is
is scheduled
scheduled before this
this court.
11 11
12 12 SO ORDERED
ORDEREDthis
this .EUL JUL O077 2125
2025
----------
13 13
14 14
15 15
16 16 C CT::>:::==-----.:--....--....._ (
17 17 HONORABLE HONORABLE ALBERTO
ALBERTO E. TOLENTINO
TOLENTINO
Judge, Superior Court of Guam Judge, Guam 18 18
19 19
20 20
21
22 22
23 SIIIVIC■ alma: we ■-MAIL
e44IA1L VIA
1,cknowiedge that
I1 acknowledge that an el"Ielecnronnc
etectton1t
Copy av of,.._. or1g1na1·W'1~ ee mailed the orrgmawvas ml\led to to
24 I/,, fD/C 196, /DID
25 25 7-;.1,g Date ii:/'». We! e .
26 26 /may g,¢,¢,, ¢- Deput-y clerk. Deputy clerk . Superior Court at of Guam
27 27
28 28
Decision Decision &
& Order
Order Re.
Re. People's
People'sMotion
MotiontotoRevoke
RevokeDefendant's
Defendant'sProbation
Probationand
andImpose
ImposeJail
Jail Sentence
Sentence
People People v. White,
White, CF0376-16
CF0376-16
Page 13 of 13 Pagel3ofl3