State v. Woods

2010 NMCA 017, 230 P.3d 836, 148 N.M. 89
New Mexico Court of Appeals·Decided September 30, 2009·No. 28,289; 32,031·Published·Cited by 2 cases

Opinion

OPINION

VIGIL, Judge.

{1} The district court sentenced Defendant to house arrest by electronic monitor with global positioning system (GPS) capability and work release at the direction and approval of the Department of Corrections to satisfy the mandatory sentence of imprisonment for one year required by the firearm enhancement statute, NMSA 1978, § 31 — 18— 16(A) (1993). The State appeals, and we affirm.

BACKGROUND

{2} While on duty as a park ranger in Elephant Butte Lake State Park, Defendant fatally shot Victim during a confrontation between Defendant and Victim. Defendant pleaded guilty to voluntary manslaughter, NMSA 1978, Section 30-2-3(A) (1994), a third degree felony resulting in the death of a human being, with a mandatory firearm enhancement under Section 31-18-16(A). NMSA 1978, Section 31-18-15(A)(7) (2007) provides that the basic sentence for a third degree felony resulting in the death of a human being is “six years imprisonment.” The firearm enhancement statute at Section 31-18-16(A) provides:

When a separate finding of fact by the court or jury shows that a firearm was used in the commission of a noncapital felony, the basic sentence of imprisonment prescribed for the offense in Section 31-18-15 NMSA 1978 shall be increased by one year, and the sentence imposed by this subsection shall be the first year served and shall not be suspended or deferred; provided, that when the offender is a serious youthful offender or a youthful offender, the sentence imposed by this subsection may be increased by one year.

{3} At Defendant’s sentencing hearing, much information was presented to the district court on Defendant’s behalf. Defendant presented a clinical psychologist as an expert witness who testified that Defendant was not a danger to himself or the community so long as he was not involved in law enforcement. Various family members, members of the community, including law enforcement, friends and coworkers also spoke on behalf of Defendant about his background, contributions to the community, his law enforcement work, and the circumstances of the offense. Defendant also spoke and apologized to Victim’s family. Finally, the district court was provided with a pre-sentence report prepared by Department of Corrections and argument of counsel. Defense counsel asked the district court to allow Defendant to serve the mandatory one-year sentence on an ankle bracelet, and the prosecutor asked for prison time, arguing that the firearm enhancement statute required incarceration because “prison means prison.”

{4} The district court judge heard and considered all the information presented, including the circumstances of the offense. The district court judge concluded, “I believe it’s the [ejourt’s power in the circumstance to order that the mandatory one year be served ankle bracelet, electronic monitoring, GPS monitoring, house arrest, except for work and except for community service.” In pertinent part, the judgment and partially suspended sentence provides:

IT IS THE SENTENCE OF THE COURT that ... Defendant be incarcerated in the New Mexico Department of Corrections for a period of 6 years as to Count I and that the sentence be enhanced by one (1) year for the mandatory firearm enhancement, pursuant to § 31-18-16 for a total sentence of seven (7) years.
IT IS FURTHER SENTENCE OF THE COURT that all but the firearm enhancement be suspended for a total period of incarceration of one (1) year which [DJefendant shall serve under house arrest by electronic monitor with GPS capability at the cost and expense of [DJefendant, with work release authorized and that ... Defendant shall perform 120 hours of community service yearly during this period of house arrest which community service shall be at the direction and approval of the Department of Corrections.
IT IS THE FURTHER SENTENCE OF THE COURT that following the one (1) year mandatory incarceration that [DJefendant be placed on supervised probation for a period of five (5) years.

The State appeals.

DISCUSSION

{5} The issue presented by this appeal is whether the mandatory one-year sentence set forth in Section 31-18-16(A) may be served under house arrest with electronic monitoring by the Department of Corrections. Statutory interpretation is an issue of law, which we review de novo. Our primary goal in interpreting a statute is to give effect to the Legislature’s intent. We look first to the words chosen by the Legislature and the plain meaning of the Legislature’s language. ‘When the language in a statute is clear and unambiguous, we give effect to that language and refrain from further statutory interpretation.” State v. Duhon, 2005-NMCA-120, ¶ 10, 138 N.M. 466, 122 P.3d 50. Two sources we may utilize to aid in our interpretation of a statute, other than the language of the statute itself, are other statutes containing similar language and case law applying the statute. State v. Fellhauer, 1997-NMCA-064, ¶ 5, 123 N.M. 476, 943 P.2d 123.

1. Statutory Designation of the Place of Imprisonment

{6} The State argues that under. NMSA 1978, Section 31-20-2(A) (1993), and NMSA 1978, Section 33-2-19 (1990), the only correct place of imprisonment for a term of one year or more is the State Penitentiary. We disagree.

{7} Section 31-20-2(A) in its entirety states:

Persons sentenced to imprisonment for a term of one year or more shall be imprisoned in a corrections facility designated by the corrections department, unless a new trial is granted or a portion of the sentence is suspended so as to provide for imprisonment for not more than eighteen months; then the imprisonment may be in such place of incarceration, other than a corrections facility under the jurisdiction of the corrections department, as the sentencing judge, in his discretion, may prescribe; provided that a sentence of imprisonment for one year or more but not more than eighteen months shall be subject to the provisions of Subsections D and E of this section and shall not be imposed unless the requirements set forth in Subsection D of this section are satisfied.

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State v. Woods, 2010 NMCA 017, 230 P.3d 836, 148 N.M. 89 (N.M. Ct. App. 2009).

2010 NMCA 017 (State v. Woods) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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