State v. Wyman

2008 NMCA 113, 191 P.3d 559, 144 N.M. 701
CourtNew Mexico Court of Appeals
DecidedApril 22, 2008
Docket28,237
StatusPublished
Cited by24 cases

This text of 2008 NMCA 113 (State v. Wyman) 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. Wyman, 2008 NMCA 113, 191 P.3d 559, 144 N.M. 701 (N.M. Ct. App. 2008).

Opinion

OPINION

ALARID, Judge.

{1} In this case we hold that NMSA 1978, § 33-3-9 (1995) does not require a sentencing judge to grant a convicted person the opportunity to earn good time credits while in jail. Defendant was found guilty in metropolitan court of one count of violation of a protective order. He was sentenced to 364 days in jail with no opportunity to earn good time credits. He appealed to the district court, arguing that the sentence to straight time was illegal. The district court affirmed the metropolitan court’s sentence. On appeal to this Court, Defendant contends that his sentence violates the plain language of Section 33-3-9, as well as due process, equal protection, and separation of powers principles. We proposed to affirm in a calendar notice, and we have received a memorandum in opposition from Defendant. We have considered Defendant’s arguments, but we are not persuaded by them. We affirm.

DISCUSSION

Standard of Review

{2} A claim that a sentence is illegal and unauthorized by statute is jurisdictional and may be raised for the first time on appeal. State v. Sinyard, 100 N.M. 694, 695, 675 P.2d 426, 427 (Ct.App.1983). The power of a trial court to sentence is derived exclusively from statute, and we review issues of statutory construction and interpretation de novo. State v. Diaz, 2007-NMCA-026, ¶ 7, 141 N.M. 223, 153 P.3d 57.

Statutory Interpretation

{3} The statutory language that Defendant contends the trial court violated in declining to award him good time credit reads as follows:

A. The sheriff or jail administrator of any county, with the approval of the committing judge or presiding judge, may grant any person imprisoned in the county jail a deduction of time from the term of his sentence for good behavior and industry and shall establish rules for the accrual of “good time”[;]
C. ... The sheriff or jail administrator shall establish rules and procedures for the forfeiture of accrued deductions and keep a record of all forfeitures of accrued deductions and the reasons for the forfeitures.

Section 33 — 3—9(A), (C).

{4} Defendant argues that the plain language of these subsections precludes the sentencing court from prospectively denying good time credits before an inmate has begun serving his or her sentence. We disagree. Nothing in Section 33-3-9 explicitly precludes the sentencing judge from denying a convicted party good time. In fact, the statute plainly requires “the approval of the committing judge or presiding judge” before good time may be granted by the sheriff or jail administrator. Section 33-3-9(A). Accordingly, we reject Defendant’s contention that the statute “by inference excludes the trial judge from preemptively denying good time.” Our case law also instructs otherwise. State v. Landgraf, 1996-NMCA-024, ¶ 26, 121 N.M. 445, 913 P.2d 252 (noting that the language of Section 33-3-9 is permissive rather than mandatory); see McDanieL-Ortega v. Williams, 1999 WL 71715, *3 (10th Cir.1999) (unpublished) (holding that under Section 33-3-9, “good time credits are merely a possibility and not a mandatory right”).

{5} Moreover, the out-of-state authority cited by Defendant generally addresses the revocation by prison or correctional officials of good time earned by an incarcerated person, as opposed to addressing the sentencing discretion of a trial judge, and is therefore unpersuasive in the context of the case before us. See Nichols v. Warren, 209 Conn. 191, 550 A.2d 309, 313 (1988) (holding that the commissioner of correction cannot diminish a prisoner’s good time sentence reduction for improper behavior until the inmate earns a reduction as his sentence is served); Henderson v. Comm’rs of Barnstable County, 49 Mass.App.Ct. 455, 730 N.E.2d 362, 364 (2000) (addressing an action based on the procedure by which prison officials revoked inmates’ good time credits following a disciplinary hearing). The only case cited by Defendant that concerns a refusal of good time credit does not pertain to the sentencing judge’s authority to refuse, but rather to that of a prison official. Guzzo v. Snyder, 326 Ill.App.3d 1058, 261 Ill.Dec. 94, 762 N.E.2d 663, 668 (2001) (holding that a prison director could not refuse an inmate good time credit based on an unwritten policy excluding inmates with domestic battery arrests from eligibility).

{6} In his memorandum in opposition, Defendant invites us to harmonize Section 33-3-9 with NMSA 1978, § 33-2-34 (2006), the statute pertaining to good time for prisoners in correctional institutions, and hold that “the procedural due process safeguards articulated in Brooks v. Shanks, 118 N.M. 716, 885 P.2d 637 (1994) under the prison statute are also expressly and implicitly articulated in the jail statute.” We decline to do so, noting that Brooks does not address the discretion of the sentencing judge to grant or deny the opportunity to earn good time under Section 33-3-9. Instead, like the out-of-state authority cited above, Brooks addresses the forfeiture of good time credits already earned by a prison inmate during his period of incarceration, and procedural due process safeguards are required where a prisoner has alleged that “a forfeiture or termination [of good time credits] has been imposed [by corrections department officials] in a manner that departs from or circumvents the statutory and administrative procedures prescribing how such a forfeiture or termination should be effected.” Id. at 720, 885 P.2d at 641. Brooks does not stand for the proposition that a sentencing judge is required to award a convicted party the opportunity to earn good time credits under Section 33-3-9, nor does any other authority cited by Defendant stand for this proposition. Where a party cites no authority to support an argument, we may assume no such authority exists. In re Adoption of Doe, 100 N.M. 764, 765, 676 P.2d 1329, 1330 (1984).

{7} Moreover, we decline to apply the rule of lenity, as urged by Defendant. “The rule of lenity counsels that criminal statutes should be interpreted in the defendant’s favor when insurmountable ambiguity persists regarding the intended scope of a criminal statute.” State v. Ogden, 118 N.M. 234, 242, 880 P.2d 845, 853 (1994). Section 33-3-9 is not ambiguous. Defendant has simply misapplied the plain language of the statute to his ease. We concede that as a general matter, prison discipline is entrusted to prison administrators. Lopez v. LeMaster, 2003-NMSC-003, ¶ 22, 133 N.M. 59, 61 P.3d 185; NMSA 1978, §§ 33-3-8, 33-3-4 (1984) and 33-3-9(A). We agree with Defendant that the statute provides that the sheriff or jail administrator “shall” establish rules for the accrual of good time, and that use of the word “shall” in statutes means the requirement is mandatory.

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Cite This Page — Counsel Stack

Bluebook (online)
2008 NMCA 113, 191 P.3d 559, 144 N.M. 701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wyman-nmctapp-2008.