State v. Lavone

OPINION

FRY, Judge.

{1} While driving under the influence of alcohol, Defendant struck a pedestrian at night on a busy street, knocking her into oncoming lanes of traffic, and immediately left the scene. The victim died, and Defendant pleaded guilty to homicide by vehicle (driving while under the influence of liquor). At sentencing, the district court classified Defendant’s offense as a serious violent offense under the Earned Meritorious Deductions Act (EMDA), NMSA 1978, § 33-2-34 (2006), which limits his ability to earn good time. The district court reasoned that by failing to stop and render…