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, while intoxicated, caused a head-on collision near Gallup, New Mexico, on October 15, 1988, resulting in the deaths of the other vehicle's driver and a passenger in the Defendant's car. The Defendant was taken to the hospital, where a blood sample was drawn to determine his blood alcohol level. He later pled guilty to two counts of vehicular homicide, one a felony and the other a misdemeanor.
Procedural History
- District Court of McKinley County: The Defendant pled guilty to two counts of vehicular homicide. The trial court imposed an aggravated sentence for the felony conviction, relying on the Defendant's prior uncounseled convictions in tribal and municipal courts. The court also denied the Defendant's request for presentence confinement credit for time spent in the hospital.
Parties' Submissions
- Defendant-Appellant: Argued that the trial court erred in relying on prior uncounseled convictions to impose an aggravated sentence, as these convictions violated his constitutional rights. He also contended that he was entitled to presentence confinement credit for the time spent in the hospital following the accident.
- Plaintiff-Appellee (State of New Mexico): Asserted that the Defendant's prior uncounseled tribal court convictions were valid for sentencing purposes, as tribal courts are not bound by the federal Constitution to provide counsel. The State also argued that the Defendant was not in official custody during his hospitalization and thus not entitled to presentence confinement credit.
Legal Issues
- Whether the trial court erred in relying on the Defendant's prior uncounseled tribal and municipal court convictions to impose an aggravated sentence.
- Whether the Defendant was entitled to presentence confinement credit for the time spent in the hospital following the accident.
Disposition
- The Defendant's sentences were vacated, and the case was remanded to the trial court for resentencing and determination of presentence confinement credit.
Reasons
Per Donnelly J. (Apodaca and Chavez JJ. concurring):
Uncounseled Convictions: The trial court erred in relying on the Defendant's prior uncounseled convictions from the Navajo Tribal Court and Gallup Municipal Court to aggravate his sentence. Under both federal and New Mexico law, uncounseled convictions cannot be used to enhance punishment unless the record shows a valid waiver of counsel. The State failed to demonstrate that the Defendant's prior convictions met these requirements.
Presentence Confinement Credit: The trial court must determine whether the Defendant was in official custody or under arrest during his hospitalization. If so, the Defendant is entitled to presentence confinement credit for that period. The court must also consider whether the blood alcohol test administered at the hospital complied with the Implied Consent Act, which requires either an arrest or unconsciousness to justify the test.
Remand for Resentencing: The trial court's reliance on invalid prior convictions and the unresolved issue of presentence confinement credit necessitate vacating the sentences and remanding the case for resentencing.