E

D COPY

STATE OF NEW MEXICO

COUNTY OF DONA ANA
THIRD JUDICIAL DISTRICT

STATE OF NEW MEXICO,

00'.'.'

Plaintiff,
vs.
JUAN GABRIEL TORRES,
Defendant.

No. D-307-CR-200801181
Judge Douglas R. Driggers

ORDER REVOKING PROBATION,

IMPOSING JUDGMENT, PARTIALLY SUSPENDING SENTENCE AND
UNSATISFACTORILY DISCHARGING FROM PROBATION
THIS MATTER came before the Court on August 11,2016, for a hearing on the Petition to
Revoke Probation filed by the State ofNew Mexico on June 10,2016. The State ofNew Mexico
was represented by Raymundo E. Rojas, Assistant District Attomey. The Defendant appeared in
person and with his attomey, Daniel Hawranek. The Defendant admitted that he violated his
probation. The Court hereby FINDS that the Defendant has violated the terms and conditions ofhis
probation as charged in the Petition to Revoke Probation. The Court held a sentencing hearing on
August 11,2016.
Further, the State previously filed a Supplemental Criminal Information alleging the
Defendant is an Habitual Criminal Offender. On August 24,2009, the Defendant admitted that he
is an habitual criminal offender with the following prior conviction:
On March 18, 2002, the Defendant was convicted of Aggravated Battery Against a
Household Member, a felony, occurring on or about Januaiy 27, 2002, m Cause No. D-307-CR200200164, in the Third Judicial District, Dofia Ana County, New Mexico.
IT IS, THEREFORE, ORDERED that the Defendant's probation is hereby revoked.

State V. Juan Gabriel Torres

Order Revoking Probation

D-307-CR-200801181
Page 2 of 5

IT IS THE JUDGMENT AND SENTENCE OF THE COURT that the Defendant be

committed to the custody of the New Mexico Corrections Department where the Defendant shall
serve:
Count 1: Kidnapping (In the Second Degree), a term of nine (9) years, followed by two
(2) years parole. This offense shall be enhanced by one (1) year, pursuant to the habitual offender
statute, 31-18-17, NMSA 1978.
Count 2: Aggravated Battery Against a Household Member (Great Bodily Harm), a
term of three (3) years, followed by two (2) years parole. This offense shall be enhanced by one (1)
year, pursuant to the habitual offender statute, 31-18-17, NMSA 1978. This ofifense is classified
as a serious violent offense pursuant to 33-2-34, NMSA 1978, and therefore, the Defendant's
meritorious deductions shall not exceed a maximum of four (4) days per month of time served.
Count 3: Battery Against a Household Member, a term of three hundred sixty-four (364)
days.
The sentences imposed above shall be served consecutively.
Therefore, the Court sentences the Defendant to a total term of fourteen (14) years and three
hundred sixty-four (364) days to be followed by two (2) years on parole, unless previously served.
IT IS ORDERED that the Defendant shall serve eleven (11) years and one hundred
ninety-four (194) days ofthis sentence in the custody of the New Mexico Corrections Department
to be followed by a term of two (2) years on parole under the supervision of the Probation and Parole
Division ofthe New Mexico Corrections Department, unless previously served. The remainder of

State V. Juan Gabriel Torres

Order Revoking Probation

D-307-CR-200801181
Pages of5

the Defendant's sentence, which is three (3) years and one hundred seventy (170) days, shall be
suspended.
IT IS FURTHER ORDERED that the Administrator ofthe Dofla Ana County Detention
Center take the Defendant into custody and arrange to transport the Defendant to the New Mexico
Corrections Department where he is to be confined for the above term.
The Defendant shall receive confinement credit for nine (9) years and one hundred sixty
(160) days imposed by the Court on October 2,2015, to be served in the New Mexico Corrections
Department (reference Order Revoking Probation filed 10/14/2015). The Defendant shall ftirther
receive credit from April 25,2016, the date the Defendant was placed on probation, through August
11,2016, the date the Defendant was sentenced on the Petition to Revoke Probation. The Defendant
shall receive nine (9) years and two hundred sixty-nine (269) days confinement credit and probation
credit combined. The Defendant shall further receive credit for any post-sentence confinement
served after August 11,2016, and prior to the Defendant's transfer to the New Mexico Corrections
Department. (In summary, the Defendant is going to serve 24 months with credit for 75 days for
time spent m custody on the probation violation from May 29,2016, through August 11,2016. The
balance of the 24 months, which is 1 year and 290 days, will be served in the New Mexico
Corrections Department).
IT IS FURTHER ORDERED that upon completion ofthe term of mcarceration and release
from custody, the Defendant shall be and hereby is unsatisfactorily discharged from the term of
probation imposed upon him by this Court.

State V. Juan Gabriel Torres

Order Revoking Probation

D-307-CR-200801181
Page 4 of 5

The Defendant is advised by the Court of Defendant's right to appeal thejudgment and order
of this Court. If the Defendant is unable to pay the costs of an appeal, the Defendant has a right to
proceed with an appeal at the State's expense and at no cost to Defendant. Further, if any appeal is
to be taken, it must be filed withm thirty (30) days of the date of the filing of this Order Revoking
Probation.

Douglas R. Driggers
Douglas R. Driggers
District Judge
Name:
Address:
DOB:
POB:
SSN:
Height:
Weight:
Color of Eyes:
Color of Hair:
FBINo.:
Marks/Tattoos:

Aliases:
Alias SSN:
Booking Slip No.:
State Tracking No.

Juan Gabriel Torres

417 El Molino Blvd.,, Las Cruces, NM 88005
06/24/1980
Carlsbad, New Mexico
585-83-4704
5'08
190
Brown
Brown
573199HB4
Tattoo, Chest, "CTR", "WS"; Tattoo, Face, three (3) dots; Tattoo, Arm, left,
"Death", "9", "505", marijuana plant, "Chucky", skull; Tattoo, Hand, left,
"Side"; Tattoo, Neck, "Breeana", "New Mexico W&S"; Tattoo, Arm, right,
street sign, "West", "19st, "19", cross; Tattoo, Hand, right, "West"; Tattoo,
Wrist, right, "Johnny Gabriel"
"Chucky"; Juan Torres; Juan G. Torres

State V. Juan Gabriel Torres

Order Revoking Probation
SUBMITTED & APPROVED BY:

Raymundo E. Rojas
Assistant District Attomey
845 N. Motel Blvd., 2nd Floor
Las Craces, NM 88007
575-524-6370
APPROVED BY:

Defense Counsel
506 S. Main Street, Suite 700
Las Craces, NM 88001
575-541-3193
jessforvs 2016-2275

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D-307-CR-200801181
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