State v. Calvert
New Mexico Court of Appeals
1Concurring in part, dissenting in partWechsler, Judge
{44} When courts construe statutes, they do so for legislative intent. Martinez, 1998-NMSC-023, ¶ 8, 126 N.M. 39, 966 P.2d 747. Because I believe that the legislative intent to impose a sentence of consecutive jail time is clear, I would construe Section 66-8-102(F) to require Defendant Calvert to serve a jail term of seventy-two consecutive hours for DWI, second offense, and Defendant Zavala to serve a jail term of not less than 168 consecutive hours for aggravated DWI, second offense. I therefore respectfully dissent from the portion of the majority opinion that holds otherwise. I agree…
2Cases cited4 opinions
- State v. MartinezNew Mexico Supreme Court · 1998
- State v. SinyardNew Mexico Court of Appeals · 1983
- State v. HernandezNew Mexico Court of Appeals · 2001
- El Paso Electric Co. v. Real Estate Mart, Inc.New Mexico Supreme Court · 1979