State v. Vollenweider

• Court: New Mexico Court of Appeals
• Decided: July 12, 2021
• Status: Unpublished

Opinion

This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computer- generated errors or other deviations from the official version filed by the Court of Appeals.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-39341

STATE OF NEW MEXICO,

Plaintiff-Appellant,

v.

KEITH VOLLENWEIDER,

Defendant-Appellee.

APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY James Waylon Counts, District Judge

Hector H. Balderas, Attorney General Cole P. Wilson, Assistant Attorney General Santa Fe, NM

for Appellant

Law Offices of Michael L. Stout Michael L. Stout Las Cruces, NM

for Appellee

MEMORANDUM OPINION

MEDINA, Judge.

{1} The State appeals from an amended judgment and sentence, entered after Defendant pled guilty to sexual exploitation of children (possession); the original judgment was amended to award Defendant 1058 days of presentence confinement credit. The State appealed the award of credit, and we issued a calendar notice proposing to affirm. The State has responded with a memorandum in opposition. We affirm. {2} Without reiterating the analysis in our calendar notice, we note that we relied on State v. Hansen, 2021-NMCA-048, ¶ 32, 495 P.3d 1173, and State v. Duhon, 2005- NMCA-120, ¶¶ 3, 10-13, 138 N.M. 466, 122 P.3d 50, which held that credit should be awarded where a violation of conditions of release would subject a defendant to prosecution for escape from a community custody release program under NMSA 1978, Section 30-22-8.1 (1999). The State’s memorandum in opposition asks that we revisit Hansen and Duhon. We decline the State’s invitation. Accordingly, we affirm the district court.

{3} IT IS SO ORDERED.

JACQUELINE R. MEDINA, Judge

WE CONCUR:

MEGAN P. DUFFY, Judge

ZACHARY A. IVES, Judge