Vallejos v. Marquez

OPINION

CHÁVEZ, Chief Justice.

{1} This ease is before us on an original petition for writ of habeas corpus. The sole question we must address is how the Earned Meritorious Deductions Act (EMDA), NMSA 1978, Sections 33-2-34 to-37 (1999), should be applied when a sentence has been enhanced under the Habitual Offender Act, NMSA 1978, Sections 31-18-17 to-20 (2002). We conclude that the enhanced sentence replaces the original, basic sentence, making it impossible to apportion the resulting sentence between basic and enhanced portions. As a result, the meritorious deduction rate for the underlying…