State ex rel. Brandenburg v. Sanchez

Summary

The New Mexico Supreme Court held that the 2007 reorganization of the criminal sexual penetration statute did not repeal or eliminate the mandatory life-sentence enhancement for a second conviction of criminal sexual penetration in the second degree. The Court construed the relevant statutes harmoniously, concluding that the statutory reference to the renumbered subsection was a clerical anomaly rather than an intended repeal.

Holdings

1. The 2007 reorganization and subsequent amendment of Section 30-9-11 did not effectively repeal Section 31-18-25(F)(2). A second conviction for second-degree criminal sexual penetration remains a violent sexual offense eligible for the mandatory life sentence under Section 31-18-25(A).

Questions Presented

1. Whether the 2007 reorganization of NMSA 1978, Section 30-9-11, which moved the definition of second-degree criminal sexual penetration from Subsection D to Subsection E, eliminated the authority to impose the mandatory life sentence for a second conviction of second-degree criminal sexual penetration under Section 31-18-25.
2. Whether Sections 31-18-25 and 30-9-11 should be construed harmoniously to give effect to the Legislature's intent despite the incorrect subsection reference in Section 31-18-25(F)(2).

Disposition

writ_granted