State v. Guillen

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 of Defendant’s participation in the electronic monitoring program, coupled with the fact that Defendant was subject to punishment for the crime of escape under NMSA 1978, § 30-22-8.1 (1999),…