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341 P.3d 10
N.M. Ct. App.
2014
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Background

  • Defendant Green pled guilty to second-degree murder and kidnapping under an Alford plea, received a 19-year term with 9 years suspended and 5 years probation plus 2 years supervised parole.
  • Upon release in 2008, he signed a sex offender behavioral contract requiring compliance with broad probation conditions.
  • Probation violations arose from computer use prohibitions and associations with other probationers, leading to revocation proceedings.
  • In 2011 he was again arrested for violations including possession of pornographic material and responding to personal ads.
  • District court denied a motion to modify probation terms, then revoked probation and ordered service of the balance of the sentence, including a one-year habitual offender enhancement.
  • Appellant challenges the legality of the probation conditions, the sufficiency of the evidence for revocation, and the admissibility of Exhibit 2 (photographs on the laptop).

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Are the sex offender conditions legally authorized? State contends probation authority to impose sex conditions is valid. Green argues conditions were illegal and not authorized by the judgment. Yes; conditions were authorized and properly tied to rehabilitation.
Was there sufficient evidence to revoke probation? State asserts clear evidence of prohibited material on computer and related conduct. Green contends evidence is insufficient or unrelated to probation terms. Yes; evidence supported revocation beyond reasonable certainty.
Were the photographs/Exhibit 2 admissible and properly foundational? State maintains Exhibit 2 properly authenticated and relevant to notice of prohibited material. Green challenges authentication and chain of custody; due process concerns raised. Admissibility affirmed; rules of evidence do not apply in probation revocation, and foundation was adequate.

Key Cases Cited

  • State v. Williams, 140 N.M. 194 (2006-NMCA-092) (probation conditions must relate to the offense; supports sex-offender conditions)
  • State v. Leon, 292 P.3d 493 (2013-NMCA-011) (probation conditions may be imposed through probation authority; relation to rehabilitation and public safety)
  • State v. Martinez, 108 N.M. 604 (1989-NMCA-036) (probation violation standard—reasonable certainty rather than beyond reasonable doubt)
  • State v. McGuire, 110 P.2d 996 (1990-NMSC-067) (kidnapping may include sexual purposes; relevance to sexual elements in conviction)
  • State v. Myers, 146 N.M. 128 (2009-NMSC-016) (definition of sexually explicit exhibition; probation-related material)
  • Carter, 463 F.3d 526 (2006-6th Cir.) (federal requirement to justify special conditions at sentencing; not controlling in NM)
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Case Details

Case Name: State v. Green
Court Name: New Mexico Court of Appeals
Date Published: Sep 22, 2014
Citations: 341 P.3d 10; 31,787
Docket Number: 31,787
Court Abbreviation: N.M. Ct. App.
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    State v. Green, 341 P.3d 10