 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Calvert12/13/2002
We consolidate three cases on appeal which raise two questions integral to the mandatory sentencing provisions of NMSA 1978, § 66-8-102 (1999): whether a defendant may be awarded presentence confinement credit where the defendant has served less than the mandatory minimum "consecutive" jail term imposed pursuant to Section 66-8-102, and if so, whether a defendant is entitled to a full day credit for any partial day served pursuant to State v. Miranda, 108 N.M. 789, 779 P.2d 976 (Ct. App. 1989).
We hold that a trial court must award presentence confinement credit to first-time offenders and has discretionary authority to grant presentence confinement credit, for any eligible time served, against a mandatory minimum "consecutive" jail term imposed against a defendant who has been convicted of a second or third offense of driving under the influence (DWI), pursuant to Section 66-8-102. However, we also hold that the Miranda credit rule does not apply to mandatory minimum sentences for misdemeanor DWI convictions that are measured in hours.
Statement of Facts and Proceedings
Defendant James Calvert (Calvert) was arrested on June 27, 2000, for Driving While Intoxicated (B.A.C. of .08% or above) (DWI), a misdemeanor, and Driving While License Suspended or Revoked (Suspended/Revoked License). On April 3, 2001, Calvert entered a DWI Repeat Offender Plea and Disposition Agreement wherein he pled guilty to DWI, Second Offense, pursuant to Section 66-8-102(F) and the Suspended/Revoked License charge was dismissed. That same day, the magistrate court entered the Judgment and Sentence, sentencing Calvert to 364 days with 361 days suspended for a jail term of three days. On May 18, 2001, the magistrate court granted Defendant's Motion to Award Presentence Confinement and credited Calvert for one day although he had only spent "several hours" at the Dona Aña County Detention Facility prior to being released on bail.
Defendant Juan Zavala (Zavala) was arrested on February 22, 2001, for Aggravated Driving While Intoxicated (B.A.C. of .16% or above) (Aggravated DWI), a misdemeanor, and Driving on Wrong Side of Roadway. On June 13, 2001, Zavala entered a DWI Repeat Offender Plea and Disposition Agreement wherein he pled guilty to Aggravated DWI, Second Offense, pursuant to Section 66-8-102(D)(1) and (F), and the Driving on Wrong Side of Roadway charge was dismissed. That same day, the magistrate court entered the Judgment and Sentence, sentencing Zavala to 364 days with 357 days suspended for a mandatory jail term of seven days (seventy-two hours plus and an additional ninety-six hours) for an aggravated second DWI, and awarding Zavala two days presentence confinement credit. The record does not reflect the precise amount of time Zavala spent in jail prior to sentencing, although he apparently served "one day plus an increment of a [second] day" in jail prior to conviction.
Defendant Oscar Sanchez Jacquez (Jacquez) was arrested on October 24, 2001, for Aggravated DWI (Refusal), a misdemeanor; Speeding; Resisting; Evading or Obstructing an Officer; No Proof of Insurance; and No Driver's License. On June 6, 2001, a jury found Jacquez guilty on all charges. The magistrate court entered the Judgment and Sentence on June 29, 2001, convicting Jacquez of Aggravated DWI, First Offense, and sentencing him to ninety days with eighty-eight days suspended for the mandatory minimum sentence of forty-eight hours, pursuant to Section 66-08-102(D) and (E). Subsequently, on Jacquez's motion to award presentence confinement credit, the court awarded him one day credit for the "several hours" Jacquez spent in jail prior to posting bond. However, the exact amount of time Ja
Page 1 2 3 4 5 6 7 8 9 New Mexico DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|