Montoya v. Driggers
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Petitioner Freddie Montoya passed a vehicle in which a single female was driving, and positioned his truck across the roadway to block her path. He and his passenger got out of the truck, forcibly entered the victim’s vehicle, and raped her. Among other crimes, Montoya was convicted of first-degree kidnapping and second-degree criminal sexual penetration (CSP II). Montoya was required to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA), due exclusively to the CSP II conviction. However, the CSP II conviction was vacated because Montoya’s actions supported his convictions for both first-degree kidnapping and CSP II, which could have resulted in double punishment for the same conduct, in violation of the Double Jeopardy. Montoya argued that he was no longer required to register under SORNA because the CSP II conviction was vacated. The Supreme Court disagreed: "registration under SORNA is not considered punishment in New Mexico. . . . Montoya’s conviction of a qualifying sex offense remains valid for purposes of SORNA because the CSP II conviction is what elevated the kidnapping to a first-degree felony."
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