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STATE v. SCURRY

No. 26,197.

158 P.3d 1034 (2007)

2007-NMCA-064

STATE of New Mexico, Plaintiff-Appellee, v. William SCURRY, Defendant-Appellant.

Court of Appeals of New Mexico.

April 16, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellee.

Pickett & Murphy, Lawrence M. Pickett, Las Cruces, NM, for Appellant.

OPINION

WECHSLER, Judge.

{1} In this appeal, we again address the findings a district court must make in order to exercise its discretion to determine that a defendant committed a serious violent offense under the Earned Meritorious Deductions Act (EMDA), NMSA 1978, § 33-2-34 (2003) (amended 2006). The EMDA requires the district court, in determining in its discretion whether an offense is a serious violent offense enabling the district...

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