State v. Davis

• Decision Date: 28 May 2003
• Docket Number: No. 27,716.,27,716.
• Citation: 134 NM 172,2003 NMSC 22,74 P.3d 1064
• Parties: STATE of New Mexico and Tim Lemaster, Warden, Plaintiff-Appellants, v. Robert DAVIS, Defendant-Appellee.
• Court: New Mexico Supreme Court

74 P.3d 1064

2003 NMSC 22

134 NM 172

STATE of New Mexico and Tim Lemaster, Warden, Plaintiff-Appellants, v. Robert DAVIS, Defendant-Appellee.

No. 27,716.

Supreme Court of New Mexico.

May 28, 2003.

Patricia Madrid, Attorney General, Ralph E. Trujillo, Assistant Attorney General, Albuquerque, NM, for Appellants.

John Bigelow, Chief Public Defender, Jane Yee, Assistant Public Defender, Albuquerque, NM, for Appellee.

OPINION

CHÁVEZ, Justice.

{1} The State appeals directly to this Court from an order of the district court granting Petitioner Robert Davis' (Defendant) writ of habeas corpus. This Court has jurisdiction over appeals from the granting of writs of habeas corpus. See Rule 12-102(A)(3) NMRA 2003 (providing that such appeals shall be taken to this Court). On appeal, the State claims that the district court erred in holding that, under limited circumstances, NMSA 1978, § 31-18-21(A) (1977) allows for judicial discretion in sentencing inmates for crimes committed during incarceration. The trial court found the statutory language — "consecutive to the sentence being served" — to mean that the first sentence for a post-incarceration crime must be added to the end of the original sentence but trial judges may exercise discretion in determining whether to impose consecutive or concurrent sentences for subsequent crimes committed during incarceration. We reverse the trial court and hold that the Legislature removed all discretion from the trial court in determining whether to impose consecutive or concurrent sentences on inmates for felonies committed during incarceration, and as such all sentences for inmate committed crimes are to be consecutive to the total of all combined sentences.

FACTS AND PROCEDURAL BACKGROUND

{2} On June 12, 1981, Defendant was convicted of larceny and four counts of armed robbery in San Juan County and sentenced to thirteen years in prison. During this thirteen-year term of imprisonment, Defendant committed numerous crimes in different counties both as an escapee and while incarcerated. In 1982 he was convicted in Bernalillo County of various crimes including armed robbery, false imprisonment, and unlawful taking of a vehicle. He pled guilty to 33 counts and was sentenced to a nine-year term in prison. In 1984 he was convicted of possession of a deadly weapon by a prisoner and sentenced to a four-year term of imprisonment. In 1985 Defendant was convicted of the felonies of escape from the penitentiary, possession of a firearm by a felon, aggravated assault upon a peace officer, false imprisonment, and conspiracy for which he received a 17 ½ year sentence. Then, in 1988 Defendant was convicted in Bernalillo County of aggravated assault with a deadly weapon and sentenced to 6 ½ years in prison. Also, in 1988 Defendant was convicted in Santa Fe County of escape from the penitentiary and sentenced to thirteen years in prison.

{3} The six judgment and sentencing orders addressed in this opinion are labeled alphabetically for ease of reference and track the scheme developed by the trial court.

San Juan County, No. CR 81-88. Sentenced to 13 years in prison beginning on June 12, 1981.

Bernalillo County, Nos. 34739 and 34906. Sentenced to nine years on August 10, 1982, with the sentence to run "consecutive to the time the Defendant is presently serving in San Juan County Cause No. CR-81-88." Torrance County, No. CR-82-44. Sentenced to four years on May 31, 1984, with the sentence "to run consecutive to the thirteen year sentence being served by the Defendant under San Juan County Criminal Cause No. 81-88."

Valencia County, No. VA-85-007-CR. Sentenced to a total of 17 ½ years on October 9, 1985, with the total sentence to run "consecutive to the sentences he is presently serving in the Department of Corrections in cause numbers 34739, and 34906, Bernalillo County, New Mexico and cause number CR-82-44, Torrance County, New Mexico."

Bernalillo County, No. CR. 42630. Sentenced to 6 ½ years on February 17, 1988, with the sentence "to run consecutive to the sentence the defendant is currently serving. Defendant is to receive credit for 925 days pre-sentence confinement and for post-sentence confinement until delivery to the place of incarceration."

Santa Fe County, No. SF 87-664 CR. Sentenced to 13 years on August 23, 1988. The Judgment, Sentence and Order of Commitment is silent regarding whether the sentence is to be consecutive or concurrent.

{4} The question raised by this appeal is whether the sentences were required to be stacked under Section 31-18-21(A) or whether, with the exception of Sentence B, the remaining sentences could run concurrently at the discretion of the sentencing judge. The Department of Corrections (Department) interpreted Section 31-18-2(A) to mandate the stacking of all sentences for crimes committed by Defendant while incarcerated. Defendant disagrees with the Department and argues that, with the exception of the 1982 sentence, the remaining sentences could run concurrently at the discretion of the sentencing judge. Under the Department's analysis Defendant must serve 63 years. Under Defendant's analysis, he should only be required to serve 39 ½ years. Neither analysis takes into consideration good-time credits.

{5} The trial court agreed with Defendant, granting his writ of habeas corpus and holding that the first conviction and sentence for a crime while Defendant was a prisoner had to run consecutive to the thirteen-year sentence Defendant was serving. However, the sentences after Defendant's first conviction could run either consecutive or concurrent depending on the discretion of the sentencing judge. The trial court held that Sentence B had to be served consecutive to Sentence A. As such, Defendant would have to serve the original thirteen-year sentence plus an additional nine years. However, since the sentencing judge in the Sentence C judgment specified that the sentence imposed on Defendant was to be served consecutive to Sentence A, the trial court held that Sentence C was to be served concurrent with Sentence B. Therefore, Defendant would not serve any additional time for his crimes in Torrance County. Again relying on the language in the sentencing judgment, the trial court held that since the sentencing judge in the Sentence D judgment specified that Sentence D was to be served consecutive to the sentences Defendant was serving in Bernalillo County cause numbers 34739 and 34906, and Torrance County cause number CR-82-44, Sentence D was to be served consecutive to Sentence B. Under this ruling Defendant's new sentence would be increased as follows: thirteen years under Sentence A, plus nine years under Sentence B, plus 17 ½ years under Sentence D — for a total of 39 ½ years. Because the sentencing judge in Sentence E specified that Sentence E was to be served consecutive to the sentence Defendant was serving at the time Sentence E was imposed, the trial court held that Sentence E was to be served consecutive to Sentence A and concurrent with the other sentences. Thus, Defendant would not serve any additional time for the Bernalillo County convictions in 1988. Finally, the trial court held that Sentence F was to run consecutive to Sentence A and concurrent with the other sentences because the sentencing judge was silent in Sentence F with regard to whether the sentence was to be concurrent or consecutive to the other sentences. Therefore, Defendant would not serve any additional time for the crimes he committed in Santa Fe County. Defendant was to serve a total of 39 ½ years under the trial court's ruling.

STATUTORY CONSTRUCTION

{6} The issue before this Court is the interpretation of Section 31-18-21(A). Statutory interpretation is an issue of law, which we review de novo. State v. Rowell, 121 N.M. 111, 114, 908 P.2d 1379, 1382 (1995). A trial court's power to sentence is derived exclusively from statute. State v. Martinez, 1998-NMSC-023, ¶ 12, 126 N.M. 39, 966 P.2d 747. The primary goal in interpreting a statute is to give effect to the Legislature's intent. Id. ¶ 8. We begin the search for legislative intent by looking "first to the words chosen by the Legislature and the plain meaning of the Legislature's language." Id.; accord State v. Cleve, 1999-NMSC-017, ¶ 8, 127 N.M. 240, 980 P.2d 23

. The application of the plain meaning rule does not, however, end with a formalistic and mechanistic interpretation of statutory language. D'Avignon v. Graham, 113 N.M. 129, 131, 823 P.2d 929, 931 (Ct.App.1991). Under the plain meaning rule statutes are to be given effect as written without room for construction unless the language is doubtful, ambiguous, or an adherence to the literal use of the words would lead to injustice, absurdity or contradiction, in which case the statute is to be construed according to its obvious spirit or reason. See State ex rel. Helman v. Gallegos, 117 N.M. 346, 347-48, 871 P.2d 1352, 1353-54 (1994). The legislative history of the statute, including historical amendments, see In re Gabriel M., 2002-NMCA-047, ¶¶ 13-15, 132 N.M. 124, 45 P.3d 64, and whether it is part of a more comprehensive act, is instructive when searching for the spirit and reason the Legislature utilized in enacting the statute, State v. Ogden, 118 N.M. 234, 243, 880 P.2d 845, 854 (1994).

{7} We apply the above statutory construction principles to discern the legislative intent in enacting Section 31-18-21(A), which provides:

Whenever an inmate in a penal institution of this state or of any county therein is sentenced for committing any felony while he is an inmate, the sentence imposed shall be consecutive to the sentence being served, and his period of parole shall be that set according to the provisions of Section 31-21-10 NMSA 1978.

Here, it is undisputed that Sentences B through F were for felonies Defendant committed while he was incarcerated. The crux of the appeal concerns what the Legislature meant when it wrote that the sentence imposed...