AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Defendant was involved in a fatal accident on Interstate 40 in late 2017 while driving under the influence of alcohol, resulting in the death of Patricia Urban. The Defendant subsequently pled guilty to second-degree homicide by vehicle under a plea agreement that included a sentencing range of four to seven years, with the final sentence being seven years after suspension of part of the fifteen-year basic sentence.

Procedural History

• District Court of Bernalillo County: The court sentenced the Defendant to seven years in prison after suspending eight years of the basic fifteen-year sentence for second-degree homicide by vehicle. It deferred the decision on whether the Defendant's crime constituted a serious violent offense under the Earned Meritorious Deductions Act (EMDA) until a later hearing.

Parties' Submissions

• Defendant-Appellant: Argued that second-degree homicide by vehicle is not listed as a serious violent offense under the EMDA and should be considered a nonviolent offense, allowing for greater deductions from the sentence for good behavior.
• Plaintiff-Appellee: Contended that the Legislature inadvertently failed to amend the EMDA to reflect the elevation of homicide by vehicle (DWI) to a second-degree felony, implying that it should be treated as a serious violent offense despite not being explicitly listed as such.

Legal Issues

• Whether the district court erred in designating the Defendant’s conviction for second-degree homicide by vehicle a serious violent offense under the EMDA.

Disposition

• The Court of Appeals reversed the district court's determination that the Defendant's crime is a serious violent offense under the EMDA, holding it to be a nonviolent offense. The court affirmed the Defendant's other claims of error on appeal.

Reasons

• Per ATTREP, J. (HANISEE, C.J., and MEDINA, J., concurring): The court found that second-degree homicide by vehicle is not enumerated as either a per se or discretionary serious violent offense under the EMDA, making it a nonviolent offense by default (paras 8-10). The court rejected the State's argument that the Legislature's failure to list the crime as a serious violent offense was an oversight, emphasizing the principle of adhering to the plain language of statutes and the legislative history indicating awareness but no action to amend the EMDA accordingly (paras 11-18). The court also noted that the Defendant's remaining claims on appeal lacked support in the record but did not preclude her from raising them in future proceedings (para 20).