State v. Tafoya

{30} I agree with the majority that Anthony Tafoya (Defendant) did not waive his claim challenging the district court’s sentencing jurisdiction and, therefore, I concur in part III of the majority opinion. However, I disagree with the majority that the district court has the discretion under the Earned Meritorious Deductions Act (EMDA), NMSA 1978, Section 33-2-34 (2006), to award good time credit eligibility to serious youthful offenders convicted of first degree murder. Accordingly, I respectfully dissent from parts IV and V of the majority opinion.

{31} I begin my analysis with the EMDA,…