State v. Torres ( 2018 )

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 STATE OF NEW MEXICO,
3 Plaintiff-Appellee,
4 v. NO. A-1-CA-37062
5 PATRICK TORRES,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF LEA COUNTY
8 Mark T. Sanchez, District Judge
9 Hector H. Baleras, Attorney General
10 Santa Fe, NM
11 for Appellee
12 Bennett J. Baur, Chief Public Defender
13 Will O’Connell, Assistant Appellate Defender
14 Santa Fe, NM
15 for Appellant
16 MEMORANDUM OPINION
17 VANZI, Chief Judge.
18 {1} Defendant appealed from the revocation of his probation. We issued a notice
19 of proposed summary disposition in which we proposed to affirm. Defendant has
1 filed a memorandum in opposition. After due consideration, we remain unpersuaded.
2 We therefore affirm.
3 {2} The pertinent background information was previously set forth in the notice of
4 proposed summary disposition. We will avoid undue repetition here and focus instead
5 on the content of the memorandum in opposition.
6 {3} Defendant continues to argue that the district court abused its discretion by
7 revoking his probation and requiring him to serve the balance of his sentence. [MIO
8 1-2] However, insofar as Defendant admitted the violation [MIO 2] and insofar as the
9 district court was authorized to sentence him as it did, the district court acted within
10 its discretion. See generally NMSA 1978, § 31-21-15(B) (1989, amended 2016); State
11 v. Duran, 1998-NMCA-153, ¶ 41, 126 N.M. 60, 966 P.2d 768 (“There is no abuse of
12 discretion if the sentence imposed is consistent with the applicable statutory
13 provisions.”), abrogated on other grounds by State v. Laguna, 1999-NMCA-152,
14 ¶ 23, 128 N.M. 345, 992 P.2d 896. Although Defendant contends that lesser sanctions
15 would have been appropriate, [MIO 1-2] the district court was under no obligation to
16 continue Defendant’s probation. See generally State v. Mendoza, 1978-NMSC-048,
17 ¶ 5, 91 N.M. 688, 579 P.2d 1255 (“Probation is not a right but a privilege.”).
18 {4} Accordingly, for the reasons stated above and in the notice of proposed
19 summary disposition, we affirm.
20 {5} IT IS SO ORDERED.
2
1 __________________________________
2 LINDA M. VANZI, Chief Judge
3 WE CONCUR:
4 _________________________________
5 M. MONICA ZAMORA, Judge
6 _________________________________
7 JENNIFER L. ATTREP, Judge
3