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State v. Coyazo3/2/2001
Defendant Oscar Coyazo pleaded no contest to his ninth conviction for driving while intoxicated (DWI), his third felony DWI. At his sentencing hearing, the district court sua sponte aggravated the maximum felony DWI sentence by one-third. Defendant appeals the aggravation of his sentence, arguing first that it violated the legislative intent recognized in State v. Anaya, 1997-NMSC-010, 123 N.M. 14, 933 P.2d 223, and trespassed the separation of powers. Defendant further argues that the aggravation was erroneous because it constituted double enhancement in violation of double jeopardy principles, it deprived him of due process, and it violated the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466 (2000).
We are constrained to apply the rationale of Anaya, which held that "the legislature did not intend to punish fourth-time or more DWI offenders in the same manner as other fourth-degree felons." 1997-NMSC-010, 33. Therefore, we hold that the aggravation statute, NMSA 1978, § 31-18-15.1 (1993), cannot be used to enhance the basic sentence for conviction of a DWI felony. We reverse the enhancement of Defendant's sentence and remand for necessary proceedings in accordance with this opinion.
BACKGROUND
Defendant was found in his boxer shorts behind the wheel of a car after having driven it up on the curb. A blood sample drawn at the hospital registered a blood alcohol content of .19 percent and tested positive for trace amounts of cocaine metabolites. He was arrested and later charged with a felony DWI, fourth or subsequent offense, and driving on a revoked license. He pleaded no contest to these charges.
At sentencing, the State proved that Defendant had at least eight prior DWI convictions - including two prior felony DWIs - dating back to when he was a minor. In 1994, Defendant's driver's license was revoked for the next 100 years. The State asked the court to impose an eighteen-month sentence on the DWI and a twelve-month sentence on the charge of driving on a revoked license, and to run the sentences consecutively. Expressing frustration at its inability to prevent Defendant from driving, the district court sua sponte imposed a greater sentence on Defendant than the maximum the State had asked for. The court enhanced the maximum penalty for felony DWI - eighteen months incarceration - by one-third, under the authority of Section 31-18-15.1(A) and (C). The court also imposed a 364-day sentence for the revoked license charge to run consecutively with the DWI sentence, for a total incarceration of three years minus one day. Defendant now appeals the six-month enhancement of his felony DWI sentence.
DISCUSSION
This case presents a question of statutory interpretation, which is a question of law, and we therefore review it de novo. State v. Rowell, 121 N.M. 111, 114, 908 P.2d 1379, 1382 (1995).
The DWI statute provides that " pon a fourth or subsequent conviction under this section, an offender is guilty of a fourth degree felony, as provided in Section 31-18-15 NMSA 1978." NMSA 1978, § 66-8-102(G) (1999). The referenced statute, Section 31-18-15, lists the basic sentences for first through fourth degree felonies and in turn refers to a number of statutes that may provide grounds for altering a basic sentence. Among those statutes listed are the habitual offender statute analyzed in Anaya and the statute at issue here, Section 31-18-15.1. The latter permits aggravation or mitigation of basic felony sentences. The Supreme Court in Anaya held that the habitual offender statute may not be used to enhance the basic sentence for a DWI felony conviction. 1997-NMSC-010, 3
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