New Mexico v. Ordunez

Defendant Jose Ordunez pled guilty to a 2004 fourth-offense aggravated DWI. He was incarcerated for six months and then served a lengthy probationary period. In 2007, Defendant was arrested for another DWI in violation of his 2004 probation conditions, but a probation revocation hearing was not held before the probationary term from the 2004 DWI had expired. The district court concluded that the applicable New Mexico statutes precluded revocation of Defendant's probation after his probationary term had expired and granted Defendant's motion to dismiss. The Supreme Court granted certiorari to review the Court of Appeals opinion affirming the district court's dismissal of the case. After its review, the Supreme Court affirmed the conclusions of the district court and the Court of Appeals that Defendant's probation could not be revoked after it had expired. View "New Mexico v. Ordunez" on Justia Law