Supreme Court of New Mexico

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IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

Filing Date: March 25, 2024

No. S-1-SC-38761

STATE OF NEW MEXICO,

Plaintiff-Petitioner,

v.

JOHNATHON LUJAN-SIERRA,

Defendant-Respondent.

ORIGINAL PROCEEDING ON CERTIORARI
Cindy Leos, District Judge

Hector H. Balderas, Attorney General

Maris Veidemanis, Assistant Attorney General

Santa Fe, NM

for Petitioner

Bennett J. Baur, Chief Public Defender

Kimberly Chavez Cook, Appellate Defender

Mary Barket, Assistant Appellate Defender

Santa Fe, NM

for Respondent

DISPOSITIONAL ORDER OF REVERSAL

THOMSON, Justice.

{1}         WHEREAS, the Court granted the State’s petition for writ of certiorari to review the Court of Appeals’ memorandum opinion, State v. Lujan-Sierra, No. A-1-CA-37944, mem. op. (N.M. Ct. App. March 9, 2021) (nonprecedential), which relied on State v. Sena, 2021-NMCA-047, 495 P.3d 1163, in reversing the district court and holding that Defendant, Johnathon Lujan-Sierra, having been convicted of Child Solicitation by Electronic Device (CES) contrary to NMSA 1978, Section 30-37-3.2(A) and (C)(2) (2007), was subject to the general period of parole under NMSA 1978, Section 31-21-10(D) (2009), rather than the extended parole period under the sex offender parole statute, NMSA 1978, Section 31-21-10.1(A) (2007) (requiring the imposition of an indeterminate period of parole of either five to twenty years or five years to life for those convicted of certain sex offenses), see Lujan-Sierra, No. A-1-CA-37944, mem. op. ¶¶ 1, 25-26;

{2}         WHEREAS, this Court subsequently ordered these proceedings held in abeyance pending its disposition of State v. Sena, S-1-SC-38713;

{3}         WHEREAS, this Court issued an opinion in State v. Sena, holding that defendants convicted of CES are subject to an indeterminate parole sentence of five to twenty years under the sex offender parole statute, see id., 2023-NMSC-007, ¶¶ 3-4, 25, 528 P.3d 631;

{4}         WHEREAS, herein the Court concludes that the issue of law presented in this case was addressed by this Court’s opinion in Sena, id.;

{5}         WHEREAS, the Court exercises its discretion under Rule 12-405(B)(1) NMRA to dispose of this case by nonprecedential order rather than a formal opinion;

{6}         WHEREAS, the Court having considered the foregoing and being otherwise sufficiently advised;

{7}         NOW, THEREFORE, IT IS ORDERED that the Court’s January 31, 2022, order in this matter is VACATED as to the abeyance; and

{8}         IT IS FURTHER ORDERED that the memorandum opinion of the Court of Appeals is REVERSED, and this matter is REMANDED to the district court for further proceedings, including the amendment of Defendant’s parole sentence, in accordance with Sena, 2023-NMSC-007.

{9}         IT IS SO ORDERED.

DAVID K. THOMSON, Justice

WE CONCUR:

C. SHANNON BACON, Chief Justice

MICHAEL E. VIGIL, Justice

BRIANA H. ZAMORA, Justice