STATE v. SANCHEZ

No. 36,195.

STATE OF NEW MEXICO, Plaintiff-Appellee, v. ADAM B. SANCHEZ, Defendant-Appellant.

Court of Appeals of New Mexico.


Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, Santa Fe, NM, for Appellee.

Bennett J. Baur , Chief Public Defender, Kathleen T. Baldridge , Assistant Appellate Defender, Santa Fe, NM, for Appellant.


This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.

MEMORANDUM OPINION

HANISEE, Judge.

{1} Defendant appeals from the revocation of his probation. We previously issued a notice of proposed summary disposition in which we proposed to affirm. Defendant has filed a memorandum in opposition, which we have duly considered. Because we remain unpersuaded by Defendant's assertion of error, we uphold the revocation of Defendant's probation.

{2} The pertinent background information was previously set forth. We will avoid undue reiteration here, focusing instead on the content of the memorandum in opposition.

{3} Defendant continues to argue that the district court lacked jurisdiction to order sex offender supervision while he was on probation. [MIO 4] However, the district court's clarification that Defendant was subject to supervision as a sex offender did not actually represent a modification of the terms of his probation. [MIO 4] And in any event, in light of the probation authority's ability to impose such a requirement pursuant to the standard conditions, no action on the part of the district court was required. See State v. Green, 2015-NMCA-007, ¶¶ 10-14, 341 P.3d 10 (rejecting a challenge to the authority of the department of corrections to condition a probationer's release upon his being party to a sex offender behavior contract, notwithstanding the absence of any specific provision within the district court's judgment and sentence to that effect); State v. Leon, 2013-NMCA-011, ¶¶ 21, 24, 292 P.3d 493 (holding that a district court's enumeration of a special probationary condition requiring the defendant to "comply with any other reasonable condition specified by the Probation and Parole Division[,]" was sufficient to support the placement of a defendant on sex offender supervision). We therefore reject Defendant's jurisdictional challenge.

{4} Accordingly, for the reasons stated above and in the notice of proposed summary disposition, we affirm.

{5} IT IS SO ORDERED.

JAMES J. WECHSLER, Judge and JONATHAN B. SUTIN, Judge, concurs.


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