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 Petitioner, Charles Benns, applied for a concealed handgun license under the Concealed Handgun Carry Act (CHCA) but was denied by the New Mexico Department of Public Safety (DPS) due to two prior convictions for which he received deferred sentences. Benns successfully completed his deferred sentences for a misdemeanor battery against a household member in 1989 and a fourth-degree felony charge of aggravated assault with a deadly weapon in 1991. Benns contested DPS's decision, arguing that his successful completion of deferred sentences meant he was not "convicted" under the CHCA (paras 2-3).

Procedural History

• District Court of Bernalillo County: Reversed DPS's denial of Benns's application, concluding that upon successful completion of his deferred sentences, Benns was no longer "convicted" for purposes of the CHCA (para 4).

Parties' Submissions

• Petitioner-Respondent (Charles Benns): Argued that successful completion of deferred sentences meant he was not considered "convicted" under the CHCA, thus qualifying for a concealed handgun license (para 4).
• Respondent-Petitioner (DPS): Contended that Benns's prior convictions, despite the deferred sentences, disqualified him from obtaining a concealed handgun license under the CHCA (para 1).

Legal Issues

• Whether the term "convicted" as used in the CHCA includes convictions for which a defendant has successfully completed a deferred sentence (para 5).

Disposition

• The Court of Appeals reversed the district court's decision and affirmed DPS's denial of Benns's application for a concealed handgun license (para 27).

Reasons

• The Court, with Judges Megan P. Duffy, Kristina Bogardus, and Jane B. Yohalem concurring, held that the term "convicted" in the CHCA refers to an adjudication of guilt and does not depend on the imposition of a sentence. The Court reasoned that under New Mexico law, a "conviction" remains even after the successful completion of a deferred sentence, as it involves an adjudication of guilt. The Court distinguished this case from others by focusing on the statutory privilege to carry a concealed handgun, rather than civil rights restoration, which was central to Benns's argument based on the Supreme Court's decision in Reese. The Court concluded that Benns's prior convictions for which he received deferred sentences disqualify him from obtaining a concealed handgun license under the CHCA (paras 6-26).