AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

Two defendants, each convicted of separate felonies, were placed on probation under conditional discharge orders. Both subsequently violated their probation terms. Upon sentencing for the violations, the trial court did not credit the defendants for the time they had already served on probation under the conditional discharge orders (paras 2-3).

Procedural History

• District Court, Karen L. Parsons, J.: The trial court sentenced both defendants for probation violations without granting credit for time served on probation under their conditional discharge orders (paras 2-3).

Parties' Submissions

• Appellants (Defendants): Argued that they were entitled to credit for the time served on probation under their conditional discharge orders, as mandated by the relevant statutory provisions (para 4).
• Appellee (State): Conceded that the defendants were entitled to such credit but left the matter for the court to decide (para 4).

Legal Issues

• Whether defendants are entitled to credit for time served on probation under a conditional discharge order when sentenced for probation violations.

Disposition

• The Court of Appeals reversed the trial court's decisions and remanded the cases for re-sentencing consistent with the opinion (para 11).

Reasons

Per Cynthia A. Fry, J. (Wechsler, C.J., and Sutin, J., concurring):

• The court conducted a de novo review of the statutory provisions governing conditional discharges, deferred sentences, and probation violations (para 5).
• Under NMSA 1978, § 31-21-15(B), the legislature explicitly mandates that defendants must receive credit for time served on probation when their probation is revoked, provided the initial sentence was deferred (para 8).
• The conditional discharge statute, NMSA 1978, § 31-20-13(A), incorporates the probation statutes applicable to deferred sentences, making the same credit requirement applicable to conditional discharges (paras 6-9).
• The court emphasized that the statutory scheme aims to treat defendants eligible for conditional discharges no more harshly than those eligible for deferred sentences (para 10).
• The trial court's failure to grant credit for time served on probation was inconsistent with the statutory framework, necessitating reversal and re-sentencing (paras 9-11).