State v. Mares

• Decision Date: 17 November 1994
• Docket Number: No. 22212,22212
• Citation: 119 N.M. 48,888 P.2d 930,1994 NMSC 123
• Parties: STATE of New Mexico, Plaintiff-Petitioner, v. Jerome P. MARES, Defendant-Respondent.
• Court: New Mexico Supreme Court

Page 930

888 P.2d 930

119 N.M. 48

STATE of New Mexico, Plaintiff-Petitioner, v. Jerome P. MARES, Defendant-Respondent.

No. 22212.

Supreme Court of New Mexico.

Nov. 17, 1994.

Rehearing Denied Jan. 17, 1995.

[119 N.M. 49] Tom Udall, Atty. Gen., Joel Jacobsen, Asst. Atty. Gen., Santa Fe, for petitioner.

Timothy M. Padilla & Associates, P.C., Todd B. Hotchkiss, Albuquerque, for respondent.

OPINION

RANSOM, Justice.

We issued a writ of certiorari to the Court of Appeals to review that Court's recognition of a limitation on the discretion of the trial court to impose additional incarceration after Jerome P. Mares violated the conditions of the probation awarded under a plea agreement with the State. The Court of Appeals held that, regardless of Mares's probation violation, the trial court was limited by the plea agreement to impose a maximum of twenty-four-months incarceration. State v. Mares, 118 N.M. 217, 218, 880 P.2d 314, 315 (Ct.App.1994). Finding that the trial court did not err in concluding that the twenty-four-month cap was conditioned upon the satisfaction of probation conditions, we reverse the Court of Appeals and affirm the trial court.

Facts and proceedings. Mares was charged with two counts of trafficking cocaine under NMSA 1978, Section 30-31-20(A)(2) (Cum.Supp.1994). On December 2, 1992, Mares entered into a plea agreement under which he agreed to plead nolo contendere to one count of trafficking cocaine and the State agreed to dismiss the second count. The agreement also provided that Mares be sentenced to nine-years imprisonment but required that the sentence "be suspended such that there shall be no more than 24 months of potential actual incarceration ordered, with no fines." The suspension was conditioned upon Mares accepting "probation for a period of 48 months." Mares signed a statement that "I fully understand that if, as part of this agreement, I am granted probation, a suspended sentence or a deferred sentence by the Court, the terms and conditions thereof are subject to modification in the event that I violate any of the terms or conditions imposed." Mares stated in open court that he had read the agreement and discussed it with his attorney.

The court accepted the agreement and imposed a sentence of nine-years incarceration, suspending all but seventy days and allowing work release. The court also placed Mares on forty-eight-months probation, imposed 240 hours of community service, required Mares to attend drug counselling, and required Mares to make a donation to the Tucumcari schools.

At the sentencing hearing on the plea agreement (not attended by Mares) defense counsel questioned the court about the period of incarceration facing Mares if he violated probation conditions. The trial court stated that the twenty-four-month sentencing cap was limited to the original proceedings and that a probation violation could result in nine-years incarceration. Mares's counsel initially withheld his approval of the proposed judgment and sentence but eventually gave his approval. The judgment and sentence was entered on March 12, 1993, and incorporated the terms of the plea agreement. In addition, the judgment and sentence set conditions for probation, including a prohibition on the use of controlled substances, and stated that "if [Mares] violate[s] any of the above conditions of [his] Probation, the Court may revoke [Mares's] probation or modify the conditions of [his] probation."

On March 17 the State petitioned the court to revoke Mares's probation, alleging that Mares had used cocaine while on work release. The State requested the court to incarcerate Mares for the entire nine years of his original sentence. On March 29 the trial court informed Mares that if he had violated the terms of his probation, the court could order him to serve the entire nine years of his original sentence plus two years probation. Mares did not object to the court's statement.

On April 5 the State filed an amended motion to revoke probation and alleged that Mares had possessed and used illegally a prescription drug in addition to using cocaine. At the April 19 probation revocation hearing, Mares agreed not to contest the cocaine charge if the State abandoned the prescription drug charge. The trial court told Mares that by entering another plea agreement with the State he essentially was admitting his guilt. Mares stated that he understood the effects of the plea. After Mares stated that he had no further comment, the trial court accepted the State's recommendation to sentence Mares to nine-years imprisonment.

Mares thereafter obtained new counsel and moved the trial court to reconsider the sentence and to enforce the original plea agreement. Mares argued it was his understanding that under the original plea agreement the trial court could not sentence him to more than twenty-four-months incarceration. Mares contended that his first attorney did not tell him that he could serve nine years if he violated probation. Further, Mares contended that he had asked his attorney about the twenty-four-month provision but his attorney did not answer his questions. Finally, Mares stated that, although he knew about the hearing held to clarify the issue of the period of incarceration he could face following a probation violation, his attorney did not tell him about the outcome of that hearing.

The trial court denied the motion to reconsider the sentence and Mares appealed to the Court of Appeals. That Court reversed the trial court's ruling and held that Mares could be sentenced to no more than twenty-four-months imprisonment. 118 N.M. at 218, 880 P.2d at 315. The Court based this holding on its belief that the plea agreement was ambiguous as to whether the twenty-four-month cap pertained to initial sentencing only or controlled both initial sentencing and post-probation-violation sentencing. Id. at 222, 880 P.2d at 319. The Court held that the trial court could not consider extrinsic evidence to resolve an ambiguity by adding terms to a plea agreement and that any ambiguity in the plea agreement should be construed strictly against the State. Id. at 222-23, 880 P.2d at 319-20.

The trial court may enforce any valid plea agreement. The State argues that if the agreement was construed to require the trial court to impose no more than a twenty-four-month period of incarceration in the event of the revocation of probation, the agreement would force the court to impose an illegal sentence. It argues that a twenty-four-month sentence would be illegal because the sentence for a second-degree felony is nine years under NMSA 1978, Section 31-18-15(A)(3) (Repl.Pamp.1994). Thus, because "[a] trial court has no jurisdiction to impose a sentence except in accordance with the law," State v. Shafer, 102 N.M. 629, 636, 698 P.2d 902, 909 (Ct.App.), cert. denied, 102 N.M. 613, 698 P.2d 886 (1985), the State argues that the agreement cannot be construed to limit the trial court's ability to impose on Mares more than twenty-four-months incarceration.

This Court has long held that the trial court may impose only sentences which are authorized by law. See State v. Lucero, 48 N.M. 294, 298-99, 150 P.2d 119, 122 (1944). "[S]entences which are unauthorized by law are null and void." Sneed v. Cox, 74 N.M. 659, 661, 397 P.2d 308, 309 (1964). In this case, however, the fact that the plea agreement may have required the trial court to suspend all but twenty-four or fewer months of incarceration does not require the imposition of an illegal sentence. A trial court has broad discretion to suspend or defer all or any part of a noncapital sentence. See NMSA 1978, Sec. 31-20-3 (Repl.Pamp.1994). In addition, a trial court has broad discretion to accept or reject a plea agreement. State v. Hicks, 89 N.M. 568, 573, 555 P.2d 689, 694 (1976); see also SCRA 1986, 5-304(B) (Repl.Pamp.1992). It follows that a court has the discretion to accept a plea agreement that requires it to suspend or defer some or all of a sentence.

The State argues that if we allow the trial court to accept a plea limiting its ability to incarcerate an individual, then we preclude the court from enforcing conditions of probation. According to the State, such a rule would conflict with NMSA 1978, Sections 31-20-5 and 31-21-15 (Repl.Pamp.1994). Neither of those sections, however, requires the trial court to impose incarceration if the defendant violates the conditions of his probation. Further, the parties should be able to negotiate the terms of a plea agreement to the full extent allowed by law. If the prosecution wishes to offer a maximum potential incarceration provision in exchange for a guilty plea, it should be allowed to do so. The fact that such a plea may prevent the trial court from...