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 violated his probation by failing to report to his probation officer. Consequently, the district court revoked his probation, sentenced him to ten months in the San Juan County Detention Center without eligibility for good time credit, and unsatisfactorily discharged him from probation upon sentence completion (para 3).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellant (Defendant): Argued that the district court abused its discretion by denying him the ability to accrue good time credit while incarcerated, citing NMSA 1978, Section 33-3-9(A) (1995), which conditions the accrual of good time credit on the approval of the committing or presiding judge (para 3).
• Appellee (State): [Not applicable or not found]

Legal Issues

• Whether the district court abused its discretion by denying the Defendant the ability to accrue good time credit while incarcerated, given the statutory provisions of NMSA 1978, Section 33-3-9(A) (1995).

Disposition

• The appeal was denied, and the district court's decision to revoke probation and impose a ten-month sentence without eligibility for good time credit was affirmed (para 5).

Reasons

• The panel, consisting of Judges Henderson, Attrep, and Baca, unanimously concluded that the district court did not abuse its discretion. The Defendant admitted to violating probation, and the sentence imposed was legal under the statute. The Court relied on precedent from State v. Wyman, which held that the statute does not require sentencing judges to grant the opportunity to earn good time credits while in jail. The Defendant failed to provide a compelling argument to deviate from this precedent, thus failing to demonstrate error on the part of the district court (paras 2-4).