Opinion
A-1-CA-39341
07-12-2021
STATE OF NEW MEXICO, Plaintiff-Appellant, v. KEITH VOLLENWEIDER, Defendant-Appellee.
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
Corrections to this opinion/decision not affecting the outcome, at the Court's discretion, can occur up to the time of publication with NM Compilation Commission. The Court will ensure that the electronic version of this opinion/decision is updated accordingly in Odyssey.
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
JACQUELINE R. 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, ____-NMCA-____, ¶ 32, ____ N.M.___, ___ P.3d ____ (No. A-1-CA-37899, March 17, 2021), 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.
WE CONCUR: MEGAN P. DUFFY, Judge ZACHARY A. IVES, Judge