State v. Sanchez
This text of State v. Sanchez (State v. Sanchez) 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.
Opinion
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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 STATE OF NEW MEXICO,
3 Plaintiff-Appellee,
4 v. No. 36,195
5 ADAM B. SANCHEZ,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY 8 Donna J. Mowrer, District Judge
9 Hector H. Balderas, Attorney General 10 Santa Fe, NM
11 for Appellee
12 Bennett J. Baur, Chief Public Defender 13 Kathleen T. Baldridge, Assistant Appellate Defender 14 Santa Fe, NM
15 for Appellant
16 MEMORANDUM OPINION
17 HANISEE, Judge.
18 {1} Defendant appeals from the revocation of his probation. We previously issued
19 a notice of proposed summary disposition in which we proposed to affirm. Defendant 1 has filed a memorandum in opposition, which we have duly considered. Because we
2 remain unpersuaded by Defendant’s assertion of error, we uphold the revocation of
3 Defendant’s probation.
4 {2} The pertinent background information was previously set forth. We will avoid
5 undue reiteration here, focusing instead on the content of the memorandum in
6 opposition.
7 {3} Defendant continues to argue that the district court lacked jurisdiction to order
8 sex offender supervision while he was on probation. [MIO 4] However, the district
9 court’s clarification that Defendant was subject to supervision as a sex offender did
10 not actually represent a modification of the terms of his probation. [MIO 4] And in
11 any event, in light of the probation authority’s ability to impose such a requirement
12 pursuant to the standard conditions, no action on the part of the district court was
13 required. See State v. Green, 2015-NMCA-007, ¶¶ 10-14, 341 P.3d 10 (rejecting a
14 challenge to the authority of the department of corrections to condition a probationer’s
15 release upon his being party to a sex offender behavior contract, notwithstanding the
16 absence of any specific provision within the district court’s judgment and sentence to
17 that effect); State v. Leon, 2013-NMCA-011, ¶¶ 21, 24, 292 P.3d 493 (holding that a
18 district court’s enumeration of a special probationary condition requiring the
19 defendant to “comply with any other reasonable condition specified by the Probation
2 1 and Parole Division[,]” was sufficient to support the placement of a defendant on sex
2 offender supervision). We therefore reject Defendant’s jurisdictional challenge.
3 {4} Accordingly, for the reasons stated above and in the notice of proposed
4 summary disposition, we affirm.
5 {5} IT IS SO ORDERED.
6 7 J. MILES HANISEE, Judge
8 WE CONCUR:
9 10 JAMES J. WECHSLER, Judge
11 12 JONATHAN B. SUTIN, Judge
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