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, Jay Zoccoli, sought to expunge his prior convictions, which included two counts of contributing to the delinquency of a minor, three counts of conspiracy to commit distribution of marijuana, and three counts of distribution of marijuana. The basis for seeking expungement was the subsequent legalization of the sale of recreational marijuana in New Mexico.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner-Appellant: Argued that his convictions for contributing to the delinquency of a minor should be expunged because New Mexico has legalized the sale of recreational marijuana. The petitioner did not dispute that his convictions were offenses "committed against a child" under the relevant expungement statute but reiterated the argument for expungement based on the change in law regarding marijuana (paras 2-4).

Legal Issues

• Whether the petitioner's convictions for contributing to the delinquency of a minor and related drug offenses can be expunged under the expungement statute, given that the offenses were committed against children and considering the subsequent legalization of recreational marijuana in New Mexico.

Disposition

• The Court of Appeals affirmed the district court's decision to deny in part the petitioner's request for expungement of his prior convictions.

Reasons

• The decision was authored by Judge Jane B. Yohalem, with Judges J. Miles Hanisee and Shammara H. Henderson concurring. The court concluded that the petitioner's convictions for contributing to the delinquency of a minor are considered offenses "committed against a child" and thus do not qualify for expungement under the relevant statute, NMSA 1978, Section 29-3A-5(G) (2019). The court found no persuasive argument or legal authority to support the petitioner's position that the change in law regarding the sale of recreational marijuana should affect the expungibility of his convictions. The court relied on established legal principles that emphasize the protection of children from harm and the application of statutes according to their plain language, without further interpretation when the language is clear (paras 1-5).