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 pled guilty to sexual exploitation of children (possession). Subsequently, the original judgment was amended to award the Defendant 1058 days of presentence confinement credit. The State appealed this award of credit.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellant (State of New Mexico): Opposed the award of 1058 days of presentence confinement credit to the Defendant and requested the appellate court to revisit previous relevant cases.
• Appellee (Keith Vollenweider): [Not applicable or not found]

Legal Issues

• Whether the award of 1058 days of presentence confinement credit to the Defendant was appropriate.

Disposition

• The appellate court affirmed the amended judgment and sentence that awarded the Defendant 1058 days of presentence confinement credit.

Reasons

• Per MEDINA, J. (DUFFY, J., and IVES, J., concurring): The appellate court declined the State's request to revisit the cases of State v. Hansen and State v. Duhon, which supported the award of credit for presentence confinement under similar circumstances. The court's decision to affirm the district court's award of 1058 days of presentence confinement credit to the Defendant was based on precedent that credit should be awarded where a violation of conditions of release would subject a defendant to prosecution for escape from a community custody release program.