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 sentenced to 285 days in a detention center for probation violation, which included time for absconding. The district court concluded that the Defendant had absconded, thus not entitling him to credit for the full time served against his probation.

Procedural History

• Appeal from the District Court of Curry County: The district court revoked the Defendant's probation and sentenced him accordingly.

Parties' Submissions

• Plaintiff-Appellee (State of New Mexico): Agreed with the appellate court's proposal to reverse and remand for resentencing, acknowledging insufficient evidence to prove the Defendant was a fugitive or that his probation revocation warrant could be served from its issuance to execution, as required to deny probation credit.
• Defendant-Appellant (Moses Martinez): Appealed the district court’s decision to revoke his probation and the subsequent sentencing, challenging the finding that he had absconded and was not entitled to credit for the full time served.

Legal Issues

• Whether the district court erred in concluding that the Defendant absconded, thereby not entitling him to credit for the full time served against his probation.

Disposition

• The district court’s order revoking the Defendant’s probation and the sentencing were reversed, and the case was remanded for resentencing.

Reasons

• Per Hanisee, C.J., with Bogardus, J., and Ives, J., concurring: The appellate court decided to reverse and remand for resentencing based on the agreement between the parties that there was insufficient evidence to support the district court's conclusion that the Defendant had absconded. This decision was influenced by the State's response to the appellate court's notice, which did not oppose the proposed summary reversal due to the lack of evidence proving the Defendant was a fugitive or that the probation revocation warrant could be served from the date of its issuance to the date of its execution, as required by NMSA 1978, Section 31-21-15(B), (C) (2016).