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 on probation following a conviction. After a second violation of probation terms, the district court revoked the Defendant's probation and sentenced him as an habitual offender. The Defendant appealed the decision, raising issues related to the revocation of probation, the credit for time spent on probation, and the opportunity to contest convictions included in the supplemental criminal information.

Procedural History

• Appeal from the District Court of Chaves County, Steven L. Bell, District Judge, November 2, 2012.

Parties' Submissions

• Defendant-Appellant: Contended that the district court erred in revoking probation and sentencing as an habitual offender without properly crediting time spent on probation and without providing an opportunity to contest the convictions in the supplemental criminal information.
• Plaintiff-Appellee (State): Agreed with the proposed disposition to reverse on the issue of proper credit for time served on probation and responded to the Defendant's submissions on the other issues.

Legal Issues

• Whether the State proved that the Defendant violated his probation conditions.
• Whether the Defendant was properly credited for time served on probation.
• Whether the Defendant was given an opportunity to contest the convictions included in the supplemental criminal information.

Disposition

• Affirmed the district court's decision to revoke the Defendant's probation.
• Reversed and remanded on the issues of proper credit for time served on probation and the opportunity to contest the convictions in the supplemental criminal information.

Reasons

• The Court, with Judges Michael D. Bustamante, Celia Foy Castillo, and Michael E. Vigil concurring, based its decision on several key points:
  On the probation violation: The Court affirmed the district court's decision to revoke the Defendant's probation, agreeing with the analysis in the first and second calendar notices.
  On proper credit for time served on probation: Both the Defendant and the State agreed to the reversal and remand on this issue, leading the Court to reverse and remand for the district court to amend the judgment to grant the Defendant pre-sentence credit of 495 days for time spent in custody and on probation.
  On the supplemental criminal information: The Court found that the Defendant's plea agreement allowed for habitual offender sentence enhancement and for the sentence to be modified should he violate his probation. However, it was determined that the Defendant did not have a clear opportunity to contest the two prior felonies set forth in the State’s supplemental criminal information. The Court reversed on this issue and remanded for the district court to hold a hearing that allows the Defendant to contest it and requires the State to prove by a preponderance of the evidence that the Defendant committed two prior usable felonies for purposes of enhancing the Defendant’s sentence.