State v. Aragon

Opinion

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IN THE SUPREME COURT OF THE STATE OF NEW MEXICO Filing Date: July 24, 2023 No. S-1-SC-39194

STATE OF NEW MEXICO, RICHARD MARTINEZ, Warden,

Respondents-Appellants, v. JASON ARAGON, Petitioner-Appellee.

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Courtney B. Weaks, District Judge

Hector H. Balderas, Attorney General Mark Lovato, Assistant Attorney General Maris Veidemanis, Assistant Attorney General Santa Fe, NM

for Appellants

Bennett J. Baur, Chief Public Defender Tania Shahani, Appellate Public Defender Santa Fe, NM

for Appellee DISPOSITIONAL ORDER OF AFFIRMANCE VIGIL, Justice.

{1} WHEREAS, this matter came before this Court on the State’s direct appeal under Rules 5-802(N)(1) and 12-102(A)(3) NMRA of the district court’s order granting Petitioner Jason Aragon’s petition for writ of habeas corpus and ordering the immediate provision of a duration-review hearing under NMSA 1978, Section 31-21-10.1(C) (2007), which requires a duration-review hearing after five years served on supervised parole, on the grounds that Petitioner was not entitled to this hearing because he had not yet served five years of supervised parole in “the community,” NMSA 1978, § 31-21- 5(B) (1991, amended 2023);

{2} WHEREAS, the Court placed this matter on the general calendar and ordered that this case be held in abeyance pending the Court’s disposition of State v. Thompson, 2022-NMSC-023, 521 P.3d 64;

{3} WHEREAS, this Court has issued an opinion and mandate in Thompson, id.;

{4} WHEREAS, the Court concludes that the issue of law presented in this case was addressed by the Court’s opinion in Thompson, id.; and

{5} WHEREAS, the Court exercises its discretion under Rule 12-405(B)(1) NMRA to dispose of this case by nonprecedential order rather than a formal opinion;

{6} NOW, THEREFORE, IT IS ORDERED that the abeyance is VACATED and the district court’s order granting Petitioner’s petition for writ of habeas corpus and ordering a duration-review hearing is AFFIRMED, and this matter is REMANDED to the district court for further proceedings in accordance with Thompson, 2022-NMSC-023.

{7} IT IS SO ORDERED. MICHAEL E. VIGIL, Justice WE CONCUR: C. SHANNON BACON, Chief Justice DAVID K. THOMSON, Justice JULIE J. VARGAS, Justice BRIANA H. ZAMORA, Justice