State v. Begay
2016 NMCA 039
N.M. Ct. App.2016Background
- Trevor Begay was convicted of battery in San Juan County Magistrate Court, sentenced to 182 days with 11 days credit; the magistrate court suspended the sentence and imposed 171 days of supervised probation.
- Begay violated probation and could not be located; by the time he was found and returned, the period of his suspended sentence had expired.
- The magistrate court applied the Probation & Parole Act’s tolling provision (Section 31-21-15(C)) to toll the suspended sentence, revoked probation, and ordered Begay to serve the remainder of the sentence in prison.
- Begay appealed to the district court, which affirmed the magistrate court; Begay then appealed to the Court of Appeals.
- The central statutory question was whether the Act’s tolling provision—created in 1963 and defined with reference to “adult” defendants convicted in district court—applies to persons convicted in magistrate court.
Issues
| Issue | State's Argument | Begay's Argument | Held |
|---|---|---|---|
| Whether § 31-21-15(C) tolling applies to defendants convicted in magistrate court | Tolling applies; magistrate courts may use Act procedures and presentence reports, so tolling should extend to magistrate convictions | Tolling applies only to "adult" defendants convicted in district court per the Act’s definitions and historical drafting | Held: Tolling does not apply to magistrate-court convictions; the statute’s plain language limits tolling to district-court ("adult") convictions |
Key Cases Cited
- The opinion cites New Mexico appellate decisions (e.g., State v. Nozie; State v. Morales; Hartford Ins. Co. v. Cline; Eskew v. Nat’l Farmers Union Ins. Co.; State v. Candelaria) in support of statutory interpretation principles and limits of judicial amendment, but official reporter citations were not provided in the opinion text.