State v. Martinez

OPINION

MINZNER, Justice.

{1} Defendant Escolástico Martinez pleaded guilty to, inter alia, a charge of aggravated driving while intoxicated (DWI), third offense, contrary to NMSA 1978, § 66-8-102(F)(2) (1994, prior to 1997 amendment). On this charge, the magistrate court sentenced Martinez to 364 days in jail, suspending 274 days and leaving a remaining jail term of 90 days. The court later entered an amended sentence granting 90 days presentence credit for in-patient alcohol treatment. We conclude that trial courts possess inherent discretionary authority to grant presentence confinement…