State v. Neal

OPINION

WECHSLER, Judge.

{1} This case requires us to determine whether the district court had jurisdiction to revoke Defendant’s probation. Resolution of this issue depends on the application of NMSA 1978, § 31-20-5(B) (2003). Section 31-20-5(B)(2) provides that if a defendant’s parole is revoked, “the period of parole served in the custody of a correctional facility shall not be credited as time served on probation.” The appeal involves two separate sentences, arising from two separate convictions. The essential issue is whether Defendant’s failure to successfully complete parole in one case…