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STATE v. GUILLEN

No. 21,831.

32 P.3d 812 (2001)

130 N.M. 803

2001-NMCA-079

STATE of New Mexico, Plaintiff-Appellee, v. Benjamin GUILLEN, Defendant-Appellant.

Court of Appeals of New Mexico.

September 10, 2001.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Katherine Zinn, Ass't Attorney General, Santa Fe, NM, for Appellee.

Phyllis H. Subin, Chief Public Defender, Sheila Lewis, Ass't Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

PICKARD, Judge.

{1} Defendant appeals the trial court's refusal to grant him presentence confinement credit for time spent under house arrest pursuant to an electronic monitoring program. The trial court ruled that it lacked the authority to grant this credit based on its understanding of the mandatory sentencing provision of the DWI statute, NMSA 1978, § 66-8-102 (1999). We hold that the conditions...

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