State v. Montoya

OPINION

PICKARD, J.

{1} The important issue in this case is whether this Court’s holding in State v. Morales, 2002-NMCA-016, ¶¶ 5-11, 131 N.M. 530, 39 P.3d 747, that trial courts may designate certain offenses as serious violent ones, limiting defendants’ opportunity for good time credit, without running afoul of defendants’ jury trial rights, survives recent United States Supreme Court cases further refining the opinion in Apprendi v. New Jersey, 530 U.S. 466,120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We hold that it does survive recent Supreme Court decisions, although for different reasons.…