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 convicted of two counts of possession of a controlled substance. The appeal concerns the district court's calculation of credit for presentence confinement, specifically the omission of seventy days from this calculation.

Procedural History

• Appeal from the District Court of Eddy County, Lisa B. Riley, District Judge, April 11, 2017: Conviction of two counts of possession of a controlled substance and subsequent sentencing.

Parties' Submissions

• Appellant: Argued that the district court erred in its calculation of credit for presentence confinement by omitting seventy days.
• Appellee: Filed a notice concurring with the proposed disposition that the Defendant was entitled to presentence confinement credit for the seventy days omitted in the lower court's calculation.

Legal Issues

• Whether the district court erred in its calculation of credit for presentence confinement by omitting seventy days.

Disposition

• The sentence entered below is reversed, and the case is remanded to the district court for the purpose of recalculating Defendant’s presentence confinement and entering a new sentence.

Reasons

• Per Michael E. Vigil, J. (James J. Wechsler, J., and Stephen G. French, J., concurring): The Court found that the Defendant was entitled to presentence confinement credit for seventy days that were omitted from the calculation by the district court. The State concurred with this proposed disposition, leading to the decision to reverse the sentence and remand the case for recalculating the presentence confinement credit in accordance with NMSA 1978, Section 31-20-12 (1977).