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STATE v. WYMAN

No. 28,237.

191 P.3d 559 (2008)

2008-NMCA-113

STATE of New Mexico, Plaintiff-Appellee, v. David WYMAN, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,153, August 25, 2008.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, for Appellee.

John Bigelow, Chief Public Defender, Santa Fe, NM, Linda Yen, Assistant Public Defender, Albuquerque, NM, for Appellant.

OPINION

ALARID, Judge.

{1} In this case we hold that NMSA 1978, § 33-3-9 (1995) does not require a sentencing judge to grant a convicted person the opportunity to earn good time credits while in jail. Defendant was found guilty in metropolitan court of one count of violation of a protective order. He was sentenced to 364 days in jail with no opportunity to earn good time credits. He appealed to the district court, arguing that the sentence...

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