State v. Vollenweider
State v. Vollenweider
Opinion
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-39341 STATE OF NEW MEXICO, Plaintiff-Appellant, v. KEITH VOLLENWEIDER, Defendant-Appellee.
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 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, 2021-NMCA-048, ¶ 32, 495 P.3d 1173, 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.
JACQUELINE R. MEDINA, Judge WE CONCUR: MEGAN P. DUFFY, Judge ZACHARY A. IVES, Judge
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