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State v. Landgraf1/11/1996
That statute provides:
The sheriff or jail administrator of any county with the approval of the district Judge or committing Judge may grant any person imprisoned in the county jail a deduction of time from the term of his sentence for good behavior and industry or may establish rules for the accrual of "good time." Deductions of time shall not exceed one-third of the term of the prisoner's original sentence. If a prisoner is under two or more cumulative sentences, the sentences shall be treated as one sentence for the purpose of deducting time for good behavior.
{26} Initially, we observe this permissive language does not support Defendant's position. Moreover, it clearly applies only to persons actually "imprisoned" pursuant to a "sentence."
{27} Defendant's argument is inconsistent not only with the express language of the statute, but also with the underlying rationale of good-time credit. Good-time credit in New Mexico is designed to promote rehabilitation. Prior to trial a defendant, who is presumed innocent, has no basis for rehabilitation. Moreover, a defendant who is still presumed innocent cannot be made to perform the compulsory labor that is generally a precondition for good-time credit. Good-time credits, therefore, are available only to convicted and sentenced prisoners. , cert. denied, 479 U.S. 917, 93 L. Ed. 2d 294, 107 S. Ct. 321 (1986), limited by ; ), cert. denied, 104 N.M. 522, 724 P.2d 231 (1986).
VII. The District Court Erred in Providing Consecutive Sentences for Two Types of Vehicular Homicide for Each Death
{28} In addition to being charged with first degree murder for each of the three deaths which resulted from the accident, Defendant was charged under NMSA 1978, Section 66-8-101 (Repl. Pamp. 1994), with two charges of vehicular homicide for each death. The statute defines homicide by vehicle in the following terms:
A. Homicide by vehicle is the killing of a human being in the unlawful operation of a motor vehicle.
C. Any person who commits homicide by vehicle or great bodily injury by vehicle while under the influence of intoxicating liquor or while under the influence of any drug or while violating Section 66-8-113 NMSA 1978 is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978, provided that violation of speeding laws as set forth in the Motor Vehicle Code [Articles 1 to 8 of Chapter 66, except 66-7-102.1 NMSA 1978] shall not per se be a basis for violation of Section 66-8-113 NMSA 1978.
F. Any person who willfully operates a motor vehicle in violation of Subsection C of Section 30-22-1 NMSA 1978 and directly or indirectly causes the death of or great bodily injury to a human being is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
{29} The statute referred to in Section 66-8-101(F) states:
Resisting, evading or obstructing an officer consists of:
C. willfully refusing to bring a vehicle to a stop when given a visual or audible signal to stop, whether by hand, voice, emergency light, flashing light, siren or other signal, by a uniformed officer in an appropriately marked police vehicle[.]
NMSA 1978, Section 30-22-1(C) (Repl. Pamp. 1994).
{30} Under Section 66-8-101, then, a Defendant may be found guilty of homicide by vehicle if he kills someone either by driving under the influence of alcohol or drugs, subsection C, or while resisting, evading or obstructing an officer, subsection F. Defendant maintains that his constitutional rights were violated when the trial court allowed the jury
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