Sate of New Mexico v. Patrick Howard

Las Cruces, New Mexico criminal defense lawyer represented the Defendant charged with inappropriately touched two students on four counts of criminal sexual contact of a minor (CSCM) in the third degree (person in a position of authority), contrary to NMSA 1978, Section 30-9-13(C)(2)(a) (2003), against one of the two students; and a single count of battery, a petty misdemeanor, contrary to NMSA 1978, Section 30-3-4 (1963).

In May 2021, the State and Defendant entered into a written plea and disposition agreement. Pursuant to the agreement, Defendant pleaded guilty to one count of CSCM (person in a position of authority) and the battery charge in exchange for the State recommending a conditional discharge and "[s]upervised [p]robation for five (5) years with sex offender treatment." The plea agreement also noted that the statutory maximum penalty the district court could impose is "a term of six (6) years imprisonment . . . followed by an indeterminate period of parole for a period of not less than five (5) years and up to the natural life of. . . Defendant," and that "[i]f the [c]ourt suspends any portion of the sentence, . . . Defendant shall serve an indeterminate period of supervised probation of not less than five (5) years and up to twenty (20) years" for CSCM (person in a position of authority) in the third degree. The district court accepted the plea agreement and the State's sentencing recommendation, and filed a conditional discharge order placing Defendant on probation for five years minus three days credit for time already served.

Reversed.