State v. Scurry

2007 NMCA 064, 158 P.3d 1034, 141 N.M. 591
CourtNew Mexico Court of Appeals
DecidedApril 16, 2007
Docket26,197
StatusPublished
Cited by28 cases

This text of 2007 NMCA 064 (State v. Scurry) 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. Scurry, 2007 NMCA 064, 158 P.3d 1034, 141 N.M. 591 (N.M. Ct. App. 2007).

Opinion

OPINION

WECHSLER, Judge.

{1} In this appeal, we again address the findings a district court must make in order to exercise its discretion to determine that a defendant committed a serious violent offense under the Earned Meritorious Deductions Act (EMDA), NMSA 1978, § 33-2-34 (2003) (amended 2006). The EMDA requires the district court, in determining in its discretion whether an offense is a serious violent offense enabling the district court to limit meritorious deductions available to the defendant when confined in a correctional facility, to consider “the nature of the offense and the resulting harm.” Section 33-2-34(L)(4)(n) (current version at NMSA 1978, § 33-2-34(L)(4)(o) (2006)). In State v. Morales, 2002-NMCA-016, ¶ 16, 131 N.M. 530, 39 P.3d 747, we held that, to make such a determination, the district court must conclude that the offense was “committed in a physically violent manner either with an intent to do serious harm or with recklessness in the face of knowledge that one’s acts are reasonably likely to result in serious harm.” We hold, in this appeal, that findings that merely set forth facts, without connecting the facts to the EMDA requirements as stated in Morales, do not satisfy the statutory requirement, and therefore do not justify a determination that an offense is a serious violent offense under the EMDA. We reverse and remand to the district court to ascertain if its determination can be supported by appropriate findings.

BACKGROUND

{2} Defendant William Scurry pleaded guilty to homicide by vehicle when driving while intoxicated, great bodily harm by vehicle while intoxicated, and other charges. One person was killed and another injured in the incident giving rise to the charges. In response to the State’s supplemental information, Defendant admitted that he had a prior DWI conviction. At the sentencing hearing, the State argued that Defendant knew the consequences of his drinking and driving and requested the district court to find the homicide by vehicle and great bodily harm by vehicle offenses to be serious violent offenses under the EMDA. Defense counsel argued that although Defendant was under the influence of alcohol, he did not have the intent or knowledge necessary for a finding of serious violent offenses because he suffered from bipolar disorder that affected his actions in the incident.

{3} The district court found the offenses to be serious violent offenses under the EMDA. It stated:

I have ruled on a number of occasions that this kind of offense is a serious violent offense. And [defense counsel is] quite right,' the Court has to make the specific findings and the Court will find that the breath alcohol being nearly four times the legal limit is a finding upon which that can be based, and will do so.

In denying Defendant’s motion to reconsider, the district court stated that it orally found at the sentencing hearing: “1) that [Defendant's offenses resulted in death; 2) Defendant was convicted of driving under the influence on one other occasion; and 3) Defendant’s breath alcohol level was four (4) times the legal limit when the offenses occurred.”

ABSENCE OF REQUIRED EMDA FINDINGS

{4} Defendant contends on appeal that the district court’s findings were insufficient to support its conclusion that the offenses were serious violent offenses under the EMDA. Although the determination that a crime that falls within the district court’s discretionary authority under the EMDA as a serious violent offense is a discretionary act, the district court will abuse its discretion if it acts contrary to law. See State v. Massengill, 2003-NMCA-024, ¶ 50, 133 N.M. 263, 62 P.3d 354 (acknowledging that this Court applies de novo review when the district court’s decision is “based on a misapprehension of the law”). We begin by determining whether the district court’s findings fulfill the statutory requirements, including notice to the defendant of the district court’s analysis. State v. Loretto, 2006-NMCA-142, ¶ 14, 140 N.M. 705, 147 P.3d 1138. If the findings comply with the EMDA, we then engage in a substantial evidence review in which we indulge all inferences in favor of the district court’s determination to determine whether the evidence supports the district court’s findings. See State v. Ayala, 2006-NMCA-088, ¶¶ 5, 8, 140 N.M. 126, 140 P.3d 547 (applying a deferential standard of review to the defendant’s argument that the facts did not support a determination of serious violent offense). Because the district court’s findings in this ease are insufficient as a matter of law, we need not review the evidence.

{5} Morales provides the framework for our analysis. In Morales, we discussed the structure of the EMDA in order to ascertain the legislative intent supporting it. Morales, 2002-NMCA-016, ¶¶ 13-16, 131 N.M. 530, 39 P.3d 747. The EMDA characterizes thirteen listed offenses as serious violent offenses as a matter of law and lists thirteen additional offenses that the district court may determine to be serious violent offenses based on “the nature of the offense and the resulting harm.” Section 33-2-34(L)(4)(n). After examining this statutory structure in Morales, we reached two conclusions. First, because the list of offenses for which the court must exercise its discretion to determine if they are serious violent offenses includes offenses that always result in death, the resulting harm could not be the only factor in a court’s determination. Morales, 2002-NMCA-016, ¶ 13, 131 N.M. 530, 39 P.3d 747. Rather, the nature of the offense must be considered in addition to resulting harm in a district court’s discretionary determination of a serious violent offense. Id. Second, we observed that “many of the offenses” within the court’s discretionary authority “are characterized by multiple ways of committing the offense, some intentional and some not, and some utilizing physical force and some not.” Id. ¶ 15. By comparing the two lists of offenses of the EMDA, we concluded that the EMDA reserves “the serious violent offenses for those found by the trial judge to be committed in a physically violent manner either with an intent to do serious harm or with recklessness in the face of knowledge that one’s acts are reasonably likely to result in serious harm.” Id. ¶ 16. We noted the relevancy of the statutory factor of actual “resulting harm” to the defendant’s intent. Id.

{6} Subsequent to Morales, we have held that Morales does not “require specific language from the district court,” but only “findings consistent with the Morales standard.” State v. Cooley, 2003-NMCA-149, ¶¶ 18-19, 134 N.M. 717, 82 P.3d 84. Although specific language is not required, the Morales standard nevertheless requires the district court to explain its conclusions. We recently stated that the district court’s findings must describe the manner in which the offense was committed to qualify it as a “serious violent offense.” Loretto, 2006-NMCA-142, ¶ 14, 140 N.M. 705, 147 P.3d 1138. In doing so, the district court is to consider the evidentiary facts about the commission of the crime, “including circumstances showing violence and indicating the [defendant’s] intent, knowledge, and reckless behavior.” Id.

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Bluebook (online)
2007 NMCA 064, 158 P.3d 1034, 141 N.M. 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-scurry-nmctapp-2007.