 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Clah6/10/1997
Bustamante, Judge.
{1} In this case we address whether: (1) presentence confinement credit against a felony DWI jail sentence may be given for time spent in an inpatient alcohol treatment program; and (2) credit may be allowed for time to be spent after sentencing in an inpatient post-traumatic stress disorder treatment program. We reverse the presentence credit allowed by the trial court and affirm as to suspension of Defendant's sentence conditioned upon attendance at the treatment facility.
FACTS AND PROCEEDINGS
{2} Defendant Chester Clah (Defendant) was arrested on May 27, 1995 and charged with driving under the influence of alcohol for the fourth time, a fourth degree felony offense under NMSA 1978, Section 66-8-102(G) (Repl. Pamp. 1994). Defendant was released from custody on his own recognizance on June 9, 1995 pending trial. On August 7, 1995 Defendant voluntarily entered the Gallup Veterans Transition Center Substance Abuse Treatment Program on an inpatient basis. He was released from the program on August 29, 1995, apparently in accordance with the admission plan.
{3} On October 17, 1995 the Defendant pleaded guilty to the felony DWI offense with which he was originally charged. The trial court ordered a presentence report and scheduled sentencing for December 11, 1995. On December 11, the trial court entered a Commitment Order requiring Defendant to commence serving his term of imprisonment in the San Juan County Detention Center on December 27, 1995. Defendant appeared as ordered and started serving his sentence on December 27. The trial court did not enter a formal judgment and sentence until February 6, 1996.
{4} Prior to entry of the formal order of judgment and sentence, Defendant filed a motion seeking a temporary release from jail in order to allow him to attend a specialized inpatient post-traumatic stress unit at a veteran's hospital in Denver, Colorado. The trial court granted the motion, releasing Defendant on his own recognizance to enroll in the program. The order, entered January 10, 1996, required Defendant to return to the San Juan County Detention Center within twelve hours of his release from the hospital. The trial court retained the discretion to modify the order at any time, and provided that "if Defendant does not follow the conditions of this Order, Defendant may be rearrested."
{5} The order of judgment and sentence entered on February 6, 1996, sentenced Defendant to the New Mexico Department of Corrections for a period of eighteen months but suspended a portion and required Defendant to serve 364 days in the San Juan County Detention Center, followed by a twelve month supervised probation. In addition, the judgment and sentence gave Defendant "credit" for jail time as follows:
1. Twenty-One (21) days for previous time served in the San Juan County Detention Center for said crime;
2. Twenty-Three (23) days for time spent at Gallup Veterans' Transition Center Substance Abuse Inpatient Treatment Program; and
3. Time Defendant will spend in the Specialized Inpatient Post-Traumatic Stress Unit at the Denver Veterans' Affairs Medical Center commencing January 16, 1996.
{6} Finally, the Order authorized work release for Defendant, presumably pursuant to NMSA 1978, Section 33-3-24 (Repl. Pamp. 1990). The State challenges only the grant of credit for the presentence and post-sentence time spent in the inpatient treatment programs.
PRESENTENCE CREDIT
{7} The State argues vigorously that the trial court mistakenly treated the screening and treatment provisions of Section 66-8-102(H) as alternative sentencing options in lieu o
Page 1 2 3 4 5 New Mexico DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|