(Download) "State v. Worrick" by The Court of Appeals of the State of New Mexico " Book PDF Kindle ePub Free
eBook details
- Title: State v. Worrick
- Author : The Court of Appeals of the State of New Mexico
- Release Date : January 12, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Certiorari Granted, No. 29,687, March 20, 2006 OPINION ¶1 Defendant appeals his sentence following his guilty plea to homicide by vehicle while under the influence, NMSA 1978, § 66-8-101 (1978), a third-degree felony, and aggravated driving under the influence of alcohol, NMSA 1978, § 66-8-102 (2003), a misdemeanor. His conviction stems from a car accident that resulted in the death of a sixteen-year-old boy. The district court sentenced Defendant to six years in prison on the homicide count and dismissed the DWI count on Defendant's motion. The district court found that the offense qualified as a serious violent offense under NMSA 1978, § 33-2-34 (1999), New Mexico's Earned Meritorious Deductions Act (EMDA). ¶2 The EMDA provides that a prisoner, who is confined for committing a serious violent offense, is limited to earning four days per month of meritorious deductions on his sentence, often referred to as ""good time."" § 33-2-34(A)(1). Defendant successfully appealed from that sentence on the grounds that the district court failed to support the serious violent offender designation. This Court stated that while it appeared there was a factual basis for the finding of a serious violent offense, the district court had not made findings to support its determination. State v. Worrick, No. 23,748 (N.M. Ct. App. May 9, 2003) (unpublished). On remand, the district court made its findings and entered a second amended judgment and sentence, which reinstated the serious violent offense designation. Defendant appeals, once again challenging only the portion of his sentence that designates this vehicular homicide as a serious violent offense. Defendant contends that the district court's findings do not demonstrate that the offense was committed with an intent to do serious bodily harm, or with recklessness in the face of knowledge that one's acts are reasonably likely to result in serious harm. Defendant argues that again the district court's findings are insufficient as a matter of law to support the serious violent offense designation. As a new issue, Defendant asserts that the district court's determination, that this vehicular homicide was a serious violent offense, infringes upon his right to a jury trial under Blakely v. Washington, 542 U.S. 296 (2004).
 "State v. Worrick" by The Court of Appeals of the State of New Mexico " Book PDF Kindle ePub Free){kind=link}