New Mexico Supreme Court

State v. Eaker

May 7, 2026

Summary

The New Mexico Supreme Court affirmed the established three‑factor test for dual presentence confinement credit, declined to discard the third factor, and granted the petitioner only one day of credit. It also held that the petitioner’s indeterminate parole and probation sentences were illegal because the statutes limit those terms for the underlying fourth‑degree felony. The Court remanded for resentencing and to award the one‑day credit.