State v. Begay

2016 NMCA 039, 9 N.M. 611
CourtNew Mexico Court of Appeals
DecidedJanuary 13, 2016
DocketS-1-SC-35751; Docket 33,588
StatusPublished
Cited by2 cases

This text of 2016 NMCA 039 (State v. Begay) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Begay, 2016 NMCA 039, 9 N.M. 611 (N.M. Ct. App. 2016).

Opinion

OPINION

GARCIA, Judge.

{1} A criminal sentencing statute requires magistrate, metropolitan, and district courts to place a convicted defendant on probation whenever those courts defer or suspend that defendant’s sentence of imprisonment. See NMSA 1978, § 31-20-5 (1985, amended 2003). Once the period of the defendant’s suspended sentence expires, that defendant is generally “relieved of any obligations imposed on him . . . and has satisfied his criminal liability for the crime.” NMSA 1978, § 31-20-8 (1963, amended 1977). The Probation and Parole Act contains an exception to this rule. See NMSA 1978, §§ 31-21-3 to -19 (1955, as amended through 2013). Section 31-21-15(C) allows a court to effectively toll the running of a defendant’s suspended sentence where he has violated the terms of his probation and cannot be immediately located to answer for this violation (hereinafter, the tolling provision). However, the statutory language used by the Legislature limited the tolling provision to cases in which the defendant’s underlying conviction occurred in the district court. See § 31-21-5 (A), (F). As a result, when a defendant is convicted of a crime in magistrate court, placed on probation in lieu of serving a prison sentence, violates the terms of his probation, and cannot be located to answer for this violation until the period of his suspended sentence has expired, tolling does not apply, and the defendant is relieved of his obligations without any apparent consequence. The magistrate court and the district court in this case concluded that the tolling provision applied to the defendant, even though the defendant’s underlying conviction was imposed by the magistrate court, and not the district court. For reasons we explain below, we conclude that the plain language of the Probation and Parole Act does not permit the tolling provision to apply to persons convicted in magistrate court and that the Legislature intended this result when it enacted the Probation and Parole Act. Accordingly, we reverse the district court’s order.

BACKGROUND

{2} D efendant Trevor B egay was convicted of battery in the San Juan County Magistrate Court and sentenced to 182 days of imprisonment with credit for eleven days of time served. The magistrate court suspended his sentence and ordered that Defendant serve 171 days of supervised probation. Defendant violated the terms of his probation and could not be located to answer for this violation until after the period of his suspended sentence expired. When he was finally brought back before the magistrate court, the court determined that Section 31-21-15(C) permitted it to toll the running of Defendant’s sentence. As a result, the magistrate court revoked Defendant’s probation and ordered him to serve the remainder of his sentence in prison. Defendant appealed to the district court, which reached the same conclusion and affirmed the magistrate court. Defendant now appeals to this Court, asserting that the tolling provision cannot be applied to Defendant because his conviction was obtained in the magistrate court.

DISCUSSION

Statutory Interpretation Principles

{3} We review statutory interpretation issues de novo. State v. Nozie, 2009-NMSC-018, ¶ 28, 146 N.M. 142, 207 P.3d 1119. Our “primary goal” in interpreting a statute “is to ascertain and give effect to the intent of the Legislature.” State v. Morales, 2010-NMSC-026, ¶ 6, 148 N.M. 305, 236 P.3d 24 (internal quotation marks and citation omitted).

In doing so, we examine the plain language of the statute as well as the context in which it was promulgated, including the history of the statute and the object and purpose the Legislature sought to accomplish. We must take care to avoid adoption of a construction that would render the statute’s application absurd or unreasonable or lead to injustice or contradiction.

Id. (internal quotation marks and citation omitted).

Historical Context of the Probation and Parole Act and the Magistrate Court

{4} Our Legislature originally enacted “The Parole Act of 1955” to provide for “the release to the community of an inmate of a [sjtate correctional institution [prior to the expiration of his term], by the decision of a parole board . . ., [and] subject to conditions imposed by the board and to its supervision.” 1955 N.M. Laws, ch. 232, §§ 1, 3. The Legislature amended this act in 1963 to include probation, changing its title to the “Probation and Parole Act.” 1963 N.M. Laws, ch.301,§ l.This amendment defined the term “probation” as “the procedure under which an adult defendant, found guilty of a crime upon verdict or plea, is released by the court without imprisonment under a suspended or deferred sentence and subject to conditions[.]” Id. § 3 (emphasis added); see § 31-21-5(A). The amendment defined “adult” as “any person convicted of a crime by a district court." 1963 N.M. Laws, ch. 301, § 3 (emphasis added); see § 31-21 -5(F). These definitions have remained unchanged since the 1963 amendment was enacted. See § 31-21-5(A), (F). Furthermore, the 1963 amendment created the tolling provision at issue in this case, which has also remained unchanged.

At any time duringprobation[,] . .. the court may issue a warrant for the arrest of a probationer for violation of any of the conditions of release. . . .
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If it is found that a warrant for the return of a probationer cannot be served, the probationer is a fugitive from justice. After hearing upon return, if it appears that he has violated the provisions of his release, the court shall determine whether the time from the date of violation to the date of his arrest, or any part of it, shall be counted as time served on probation.

1963 N.M. Laws, ch. 301, § 13 (emphasis added); see § 31-21-15(A), (C). Thus, when the Legislature enacted these 1963 provisions, it expressly limited the application of the tolling provision to “adult” persons convicted of crimes in the district court.

{5} In 1963, like today, the district court also had original jurisdiction over all misdemeanors. See N.M. Const. art. VI, § 13. But some misdemeanors could instead be tried by “magistrates[,j” also known as “justices of the peace[,]” NMSA 1953, §§ 36-2-1, -5 (1961) (providing magistrates/justices of the peace jurisdiction over misdemeanors punishable by a maximum fine of $100 or six months imprisonment), or by a “municipal magistrate court[,]”NMSA 1953, §§ 37-1-1 to -2 (1961) (providing a municipal magistrate court jurisdiction over offenses under municipal ordinances). The Legislature did not create the present day “magistrate court” system until 1968, five years after it created the tolling provision. See 1968 N.M. Laws, ch. 62, §§ 3, 49 (establishing the “ ‘magistrate court’ as a court of limited original jurisdiction within the judicial department of the state government” and limiting its criminal jurisdiction to misdemeanors punishable by a maximum fine of $100 or up to six months imprisonment); see also N.M. Const, art. VI, § 26 (authorizing and directing the Legislature in 1966 to “establish a magistrate court to exercise limited original jurisdiction as may be provided by law”).

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Related

State v. Begay
2017 NMSC 9 (New Mexico Supreme Court, 2017)

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Bluebook (online)
2016 NMCA 039, 9 N.M. 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-begay-nmctapp-2016.