State of New Mexico ex rel. Brandenburg v. Sanchez

2014 NMSC 022, 6 N.M. 303
CourtNew Mexico Supreme Court
DecidedJune 16, 2014
DocketDocket 34,453
StatusPublished
Cited by1 cases

This text of 2014 NMSC 022 (State of New Mexico ex rel. Brandenburg v. Sanchez) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of New Mexico ex rel. Brandenburg v. Sanchez, 2014 NMSC 022, 6 N.M. 303 (N.M. 2014).

Opinion

OPINION

BOSSON, Justice.

{1} On December 18, 2013, the undersigned panel of this Court granted a peremptory writ of superintending control directing the district court to determine whether to impose a mandatory life sentence on Defendant, Anthony Samora, after his second conviction for criminal sexual penetration (CSP) in the second degree. We write to explain our decision and to provide guidance for future courts regarding the interplay between NMS A 1978, Section 31-18-25(F) (1997) (defining “violent sexual offense”), and NMSA 1978, Section 30-9-11 (2007, amended 2009) (defining the crime of criminal sexual penetration), after the New Mexico Legislature reorganized Section 30-9-11 in 2007. That reorganization is the source of the confusion in this case.

BACKGROUND

{2} In 2004, Defendant pled guilty to the charge of CSP in the second degree for raping a fourteen year-old boy. He served a sentence of three years’ incarceration. Nearly ten years later, a jury convicted Defendant of CSP in the second degree (in the commission of another felony) for raping a fifteen year-old boy. Because this was Defendant’s second such conviction, the State sought to impose a mandatory life sentence as set forth in Section 31-18-25 (requiring “a sentence of life imprisonment” for a “second violent sexual offense”).

{3} However, on December 11, 2013, the district court concluded that the mandatory life sentence enhancement under Section 31-18-25 did not apply to this case, finding a confusion, a “legislative infirmity,” in the statutes. Before sentencing and before the district court released the jury from service, the State effectively appealed the district court’s refusal to impose a mandatory life sentence pursuant to Rule 12-504 NMRA (governing appeals to the Supreme Court for extraordinary writs). We granted the State’s emergency petition for writ of superintending control. This opinion follows.

STANDARD OF REVIEW

{4} “We review questions of statutory construction de novo." State v. Smith, 2004-NMSC-032, ¶ 8, 136 N.M. 372, 98 P.3d 1022. When this Court construes statutes, our guiding principle is that we should determine and effectuate the Legislature’s intent when it enacted the statute. Baker v. Hedstrom, 2013-NMSC-043, ¶ 11, 309 P.3d 1047. While the plain meaning of the statute is the starting point of our determination, that alone does not necessarily resolve the question. See State ex rel. Helman v. Gallegos, 1994-NMSC-023, ¶ 23, 117 N.M. 346, 871 P.2d 1352. We should not allow a literal plain reading of a statute to confound the legislative intent, and therefore, our inquiry does not end with the plain meaning of the words. See id. “This Court has rejected a formalistic and mechanical statutory construction when the results would be absurd, unreasonable, or contrary to the spirit of the statute.” Smith, 2004-NMSC-032, ¶ 10.

DISCUSSION

{5} In this appeal, Defendant does not argue that he was improperly convicted or that this is not his second conviction for CSP in the second degree. He simply argues that as a matter of law the State may not use Section 31-18-25(A) to sentence him to life imprisonment for a second “violent sexual offense.” Section 31-18-25(A) provides that

[wjhen a defendant is convicted of a second violent sexual offense, and each violent sexual offense conviction is part of a separate transaction or occurrence, and at least the second violent sexual offense conviction is in New Mexico, the defendant shall, in addition to the punishment imposed for the second violent sexual offense conviction, be punished by a sentence of life imprisonment (emphasis added).

Defendant’s argument focuses on how the Criminal Sentencing Act defines the term “violent sexual offense.”

{6} Since its enactment in 1996, Section 31-18-25 has provided that “violent sexual offense” means CSP in the first or second degree, as defined by Section 30-9-11 (defining the crime of CSP). Compare § 31-18-25(E) (1996) (identifying a violent sexual offense as first- or second-degree CSP and referencing Section 30-9-11), with § 31-18-25(F) (1997) (same but not specifying Subsections C and D of Section 30-9-11). Specifically, Section 31-18-25(F)(2) defines a “violent sexual offense” to include CSP in the second degree “as provided in Subsection D of Section 30-9-11.” Thus, in Section 31-18-25, for purposes of defining a violent sexual offense and eligibility for a mandatory life sentence, the Legislature makes specific reference to the definition set forth in Subsection D of Section 30-9-11. When Section 31-18-25(F) was enacted in 1996, Subsection D of Section 30-9-11 did indeed define CSP in the second degree.

{7} The problem, however, is that although Subsection D of Section 30-9-11 previously defined CSP in the second degree, a 2007 legislative reorganization of the statute moved the definition of CSP in the second degree to Subsection E. Subsection D has since defined CSP in the first degree, which is not applicable to Defendant’s convictions. Compare § 30-9-11 (2006) (providing the definition of CSP in the second degree in Subsection D), with § 30-9-11 (2007) (providing the definition of CSP in the second degree in Subsection E). The definitions of the two crimes did not change in the reorganization; only the numbering changed. In what would appear to be a legislative oversight, that same 2007 reorganization did not make a corresponding change in Section 31-18-25(F)(2) to substitute Subsection E of Section 30-9-11 for Subsection D.

{8} Solely by its reference to Subsection D of Section 30-9-11, which as of 2007 defines CSP in the first degree, the definition of a violent sexual offense in Section 31-18-25(F)(2) no longer includes repeated convictions of CSP in the second degree. On that basis, Defendant argued and the district court concluded that a mandatory life sentence was not authorized.

{9} To support his argument, Defendant cites State v. Chavarria, 2009-NMSC-020, ¶ 12, 146 N.M. 251, 208 P.3d 896, for the proposition that “[a] trial court’s power to sentence is derived exclusively from statute” (internal quotation marks and citation omitted) and State v. Sparks, 1985-NMCA-004, ¶ 49, 102 N.M. 317, 694 P.2d 1382, for the proposition that “[t]he district court’s authority to sentence is only that which has been provided by statute.” We agree with those general propositions of law.

{10} However, the reorganization of Section 30-9-11 does not deprive the district court of the authority to impose a life sentence upon a defendant who is convicted of a second violent sexual offense — that authority is provided by Section 31-18-25 (A), referring to a second violent sexual offense. Although Section 31-18-25(F) references Section 30-9-11, Section 31-18-25(F) provides in plain language that a violent sexual offense is either “(1) criminal sexual penetration in the first degree” or “(2) criminal sexual penetration in the second degree.” It wquld be absurd to read second-degree CSP out of the definition of “violent sexual offense” in Section 31-18-25(F) where its plain language demands that second-degree CSP be included.

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Related

State ex rel. Brandenburg v. Sanchez
2014 NMSC 22 (New Mexico Supreme Court, 2014)

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2014 NMSC 022, 6 N.M. 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-new-mexico-ex-rel-brandenburg-v-sanchez-nm-2014.