Legal Opinion · Concurring in part, dissenting in part

State v. Calvert

New Mexico Court of Appeals

Decided December 13, 2002No. 22,731, 22,734, 22,699Published

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

  1. State v. MartinezNew Mexico Supreme Court · 1998
  2. State v. SinyardNew Mexico Court of Appeals · 1983
  3. State v. HernandezNew Mexico Court of Appeals · 2001
  4. El Paso Electric Co. v. Real Estate Mart, Inc.New Mexico Supreme Court · 1979

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