This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Defendant's probation was revoked following a violation that occurred on January 20, 2009. The Defendant argued that he was entitled to credit against his probation for the period between the violation date and his arrest on March 3, 2009, claiming the State failed to prove he was a fugitive during that time.
Procedural History
- District Court, Doña Ana County, presided by Judge Lisa Schultz: Revoked the Defendant's probation and sentenced him, granting credit for the probation period from August 19, 2008, to May 7, 2009.
Parties' Submissions
- Appellant (Defendant): Argued that the district court erred in denying him credit for the period between January 20, 2009, and March 3, 2009, as the State failed to prove he was a fugitive. Cited State v. Neal, State v. Franklin, and State v. Boyer to support his position.
- Appellee (State): Asserted that the Defendant was already granted credit for the disputed period in the revocation order, and thus no error occurred.
Legal Issues
- Was the Defendant entitled to additional credit against his probation for the period between January 20, 2009, and March 3, 2009, due to the State's alleged failure to prove fugitive status?
Disposition
- The Court of Appeals affirmed the district court's decision to revoke the Defendant's probation.
Reasons
Per Wechsler J. (Fry C.J. and Bustamante J. concurring):
The Court found that the Defendant's argument was without merit because the district court's revocation order explicitly granted him credit for the entire probation period, including the disputed time from January 20, 2009, to March 3, 2009. As such, the error alleged by the Defendant did not occur. The Court also reminded the Defendant's counsel to comply with filing deadlines in future cases.