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 case involves a sex offender whose sentence was deferred or suspended, requiring him to serve an indeterminate period of supervised probation ranging from five to twenty years. The issue arose regarding the calculation of time served for a probation duration review hearing, specifically whether time spent on in-house parole should count towards the initial five-year probation requirement (paras 1-2).
Procedural History
- District Court, San Juan County: The court concluded that the defendant was entitled to a probation duration review hearing after serving more than five years of probation, including time spent on in-house parole (para 2).
Parties' Submissions
- Appellant (State of New Mexico): Argued that only time served on probation in the community should count towards the five-year probation duration review hearing, excluding time spent on in-house parole (para 2).
- Appellee (Defendant): Asserted that the district court properly credited his Pre-Release Time towards the probation duration review hearing but did not contest or concede the inclusion of Revocation Time (para 2).
Legal Issues
- Whether both the general probation statute and the sex-offender-specific statute apply to sex offenders.
- Whether time served on in-house parole should count towards the initial five-year requirement for a probation duration review hearing.
Disposition
- The Supreme Court of New Mexico reversed the district court's decision and remanded the case with instructions to recalculate the time credited toward the probation duration review hearing, excluding Revocation Time (para 4).
Reasons
Per Thomson, Chief Justice (Vigil, Bacon, Vargas, and Zamora JJ. concurring):
The Court held that both the general probation statute and the sex-offender-specific statute apply to sex offenders. The general probation statute provides a framework for calculating time served on probation, including credit for time served on parole unless parole is revoked. The Court found that Pre-Release Time counts towards the probation duration review hearing, but Revocation Time does not. The district court erred by including Revocation Time in its calculation, and the case was remanded for recalculation in accordance with this opinion (paras 4, 15-21).