State v. Davis

OPINION

CHÁVEZ, Justice.

{1} The State appeals directly to this Court from an order of the district court granting Petitioner Robert Davis’ (Defendant) writ of habeas corpus. This Court has jurisdiction over appeals from the granting of writs of habeas corpus. See Rule 12-102(A)(3) NMRA 2003 (providing that such appeals shall be taken to this Court). On appeal, the State claims that the district court erred in holding that, under limited circumstances, NMSA 1978, § 31-18-21(A) (1977) allows for judicial discretion in sentencing inmates for crimes committed during incarceration. The trial court…