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State v. Aragon ( 2023 )


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  • This decision of the Supreme Court of New Mexico was not selected for publication in
    the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the
    citation of unpublished decisions. Electronic decisions may contain computer-
    generated errors or other deviations from the official version filed by the Supreme Court.
    IN THE SUPREME COURT OF THE STATE OF NEW MEXICO
    Filing Date: July 24, 2023
    No. S-1-SC-39194
    STATE OF NEW MEXICO,
    RICHARD MARTINEZ, Warden,
    Respondents-Appellants,
    v.
    JASON ARAGON,
    Petitioner-Appellee.
    APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
    Courtney B. Weaks, District Judge
    Hector H. Balderas, Attorney General
    Mark Lovato, Assistant Attorney General
    Maris Veidemanis, Assistant Attorney General
    Santa Fe, NM
    for Appellants
    Bennett J. Baur, Chief Public Defender
    Tania Shahani, Appellate Public Defender
    Santa Fe, NM
    for Appellee
    DISPOSITIONAL ORDER OF AFFIRMANCE
    VIGIL, Justice.
    {1}    WHEREAS, this matter came before this Court on the State’s direct appeal under
    Rules 5-802(N)(1) and 12-102(A)(3) NMRA of the district court’s order granting
    Petitioner Jason Aragon’s petition for writ of habeas corpus and ordering the immediate
    provision of a duration-review hearing under NMSA 1978, Section 31-21-10.1(C)
    (2007), which requires a duration-review hearing after five years served on supervised
    parole, on the grounds that Petitioner was not entitled to this hearing because he had
    not yet served five years of supervised parole in “the community,” NMSA 1978, § 31-21-
    5(B) (1991, amended 2023);
    {2}     WHEREAS, the Court placed this matter on the general calendar and ordered
    that this case be held in abeyance pending the Court’s disposition of State v.
    Thompson, 
    2022-NMSC-023
    , 
    521 P.3d 64
    ;
    {3}    WHEREAS, this Court has issued an opinion and mandate in Thompson, id.;
    {4}   WHEREAS, the Court concludes that the issue of law presented in this case was
    addressed by the Court’s opinion in Thompson, id.; and
    {5}   WHEREAS, the Court exercises its discretion under Rule 12-405(B)(1) NMRA to
    dispose of this case by nonprecedential order rather than a formal opinion;
    {6}     NOW, THEREFORE, IT IS ORDERED that the abeyance is VACATED and the
    district court’s order granting Petitioner’s petition for writ of habeas corpus and ordering
    a duration-review hearing is AFFIRMED, and this matter is REMANDED to the district
    court for further proceedings in accordance with Thompson, 
    2022-NMSC-023
    .
    {7}    IT IS SO ORDERED.
    MICHAEL E. VIGIL, Justice
    WE CONCUR:
    C. SHANNON BACON, Chief Justice
    DAVID K. THOMSON, Justice
    JULIE J. VARGAS, Justice
    BRIANA H. ZAMORA, Justice
    

Document Info

Filed Date: 7/24/2023

Precedential Status: Non-Precedential

Modified Date: 7/24/2023