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 when the State alleged that he had become a fugitive within his probation period. This led to the district court's decision to revoke his probation and extend it for an additional three years.

Procedural History

• Appeal from the District Court of Bernalillo County: The district court revoked the Defendant's probation and reinstated it for three more years.

Parties' Submissions

• Appellant (Defendant): Argued that the State failed to prove his fugitive status within the probation period and contended he was entitled to credit for time served on probation.
• Appellee (State): Indicated that it did not oppose the appellate court's proposal to summarily reverse the district court's decision on the grounds stated.

Legal Issues

• Whether the State proved the Defendant's fugitive status within his probation period.
• Whether the district court had jurisdiction to revoke and reinstate the Defendant's probation after the probationary term had ended.

Disposition

• The Court of Appeals reversed the district court's order revoking and reinstating the Defendant's probation and remanded the case with instructions to vacate its order and issue the Defendant a certificate of satisfactory completion of probation.

Reasons

• Per SUTIN, J. (KENNEDY, C.J., and VANZI, J., concurring): The Court of Appeals found that the State did not establish the Defendant's fugitive status within the probation period and concluded that the district court lacked jurisdiction to revoke and reinstate the Defendant's probation after the probationary term had ended. The appellate court's decision was influenced by the State's response, which did not oppose the proposed summary reversal based on the grounds stated in the notice. Consequently, the Court of Appeals reversed and remanded the case to the district court with instructions to vacate its previous order and to issue a certificate of satisfactory completion of probation to the Defendant (paras 1-2).