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 on work release from prison, returned to the prison carrying marijuana. The Defendant argued that his return to the prison was not voluntary and thus did not satisfy the actus reus requirement for the crime of bringing contraband onto prison grounds.
Procedural History
- District Court of Doña Ana County: The Defendant was convicted of bringing contraband onto prison grounds. The court rejected the Defendant's argument to dismiss the charges as a matter of law.
Parties' Submissions
- Appellant (Defendant): Argued that his return to prison after work release was not voluntary and, therefore, did not meet the actus reus requirement for the crime. He relied on the precedent set in State v. Cole, 2007-NMCA-099, to support his argument.
- Appellee (State): Contended that the Defendant voluntarily chose to bring contraband into the prison when he returned from work release, distinguishing the facts of this case from State v. Cole.
Legal Issues
- Whether the Defendant's return to prison after work release constituted a voluntary act sufficient to satisfy the actus reus requirement for the crime of bringing contraband onto prison grounds.
Disposition
- The Court of Appeals of New Mexico affirmed the Defendant's conviction.
Reasons
Per Kennedy J. (Vigil and Garcia JJ. concurring):
The Court distinguished the facts of this case from State v. Cole, 2007-NMCA-099. In Cole, the defendant was arrested while in possession of contraband and was involuntarily taken into jail, which negated the voluntary act required for the crime. In contrast, the Defendant in this case was already serving a sentence and was aware of his obligation to return to prison after work release. The Court reasoned that the Defendant's decision to acquire and carry contraband back into the prison was a voluntary act, satisfying the actus reus requirement. The Defendant's argument that his return to prison was not voluntary was rejected, as his incarceration inherently involved returning to prison after work release.