New Mexico Court of Appeals Rules in Favor of the State in Case Challenging Early Release of Sex Offender 

Court agrees with NMDOJ that sex offenders receiving a conditional discharge must serve at least five years of supervised probation.

Source: N.M. Department of Justice

Santa Fe, NM — The New Mexico Court of Appeals has ruled in favor of the State of New Mexico in its appeal challenging the unlawful early termination of probation for Patrick Howard, a former high school agricultural teacher who pleaded guilty to criminal sexual contact of a minor.

The Court agreed with the New Mexico Department of Justice that New Mexico’s sex-offender-specific probation law applies to defendants who receive a conditional discharge. The Court held that such defendants must serve an indeterminate period of supervised probation of at least five years and up to 20 years, subject to the statutory review process.

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The ruling reverses the district court’s decision and remands the case for further proceedings. The Court directed the district court to impose the mandatory probationary sentence and provide Howard an opportunity to withdraw his guilty plea because the original plea agreement included an illegal, fixed five-year probation term rather than the legally required indeterminate probationary sentence.

“Today’s ruling reinforces an important principle: courts must follow the sentencing laws enacted by the Legislature, particularly when those laws are designed to protect our communities,” said Attorney General Raúl Torrez. “My office challenged the unlawful early termination of this defendant’s probation because the law requires sex offenders to remain under supervision for at least five years. I am grateful to our appellate team for pursuing this matter and securing a ruling that provides important clarity for courts, prosecutors and victims across New Mexico.”

Howard pleaded guilty to criminal sexual contact of a minor in the third degree and battery after being charged with offenses involving two students. He was placed on probation in 2021, but his probation was terminated less than three years later. The State subsequently moved to reinstate his probation and pursued appellate relief after the district court denied that request. The Court rejected the argument that the sex-offender probation statute does not apply when a defendant receives a conditional discharge. The Court concluded that New Mexico’s probation statutes must be read together and that the Legislature intended sex offenders receiving conditional discharges to be subject to the same mandatory probation requirements.

The Court further held that Howard was not eligible for early termination of probation before completing the initial five-year period. The Court concluded that the original sentence was illegal and that Howard could not have had a reasonable expectation that he would be released from probation before serving the mandatory minimum period.