State v. Green, 344 P.3d 987

Defendant pled guilty, Alford, to second-degree murder and kidnapping in 2001 for the 1988 Dockweiller murder; district court sentenced him to 19 years with 9 suspended.
He was released on probation in 2008 after about five years in prison, with a five-year probation term and two years of supervised parole.
Probation violations began shortly after release, leading to a hearing and a later revocation of probation, with a sentence to serve the balance of the original term plus a habitual-offender enhancement.
Defendant signed a sex offender behavioral contract as part of probation, prohibiting pornographic material and granting probation officers broad computer access.
In 2011, Defendant was alleged to have violated the contract by possessing pornographic material on his laptop and by contacts with other probationers; Exhibit 2 containing a collage of nude images was admitted at the revocation hearing.
The district court revoked probation based on the computer-privacy violations, and the court’s decision was affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Legality of sex offender contract conditions	State argues conditions are authorized by statute and Martinez/Leon.	Defendant contends contract terms exceeded NMCD authority and were not in the original judgment.	Conditions upheld; contract proper under probationary authority.
Relation of probation conditions to offenses	Conditions reasonably related to defendant’s current convictions and rehabilitation.	Conditions overly broad and not tied to current offenses.	Conditions reasonably related to current convictions and public safety.
Sufficiency of evidence for probation revocation	Evidence showed violations of the sex-offender contract and related conditions.	Evidence insufficient or lacking notice that conduct violated probation.	Sufficient evidence; revocation upheld.
Admissibility and foundation of Exhibit 2	Exhibit 2 properly authenticated and admissible to prove violation.	Exhibit 2 lacked proper foundation and authentication; evidence should be excluded.	Exhibit 2 admissible; probation revocation affirmed on that basis.

State v. Leon, 292 P.3d 493 (2013-NMCA-011) (probation conditions may derive from probation office when grounded in district court order)
State v. Martinez, 502 P.2d 320 (1972-NMCA-135) (conditions of probation cannot be added post-judgment; history and authority for probation)
State v. Gardner, 95 N.M. 171 (1980-NMCA-122) (reasonably related objective of probation must be tied to offense)
State v. McGuire, 795 P.2d 996 (1990-NMSC-067) (sexual acts and related context can inform probation conditions)
State v. Williams, 141 P.3d 538 (2006-NMCA-092) (probation conditions reviewed for reasonable relationship to offense)
State v. Vaughn, 114 P.3d 354 (2005-NMCA-076) (evidentiary standards in probation revocation hearings and exhibit foundations)
State v. Lack, 650 P.2d 22 (1982-NMCA-111) (legislative authority and probation law framework)
State v. Myers, 207 P.3d 1105 (2009-NMSC-016) (definition of sexually explicit exhibitions relevant to probation context)