Herrera v. Rios

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IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

Filing Date: November 20, 2025

No. S-1-SC-39711

BENNY DAVID HERRERA,

Petitioner,

v.

HECTOR RIOS, Warden,

Respondent.

ORIGINAL PROCEEDING ON CERTIORARI
Stephen P. Ochoa, District Judge

Benny David Herrera
Pro se
Chaparral, NM

for Petitioner

Raúl Torrez, Attorney General
Albuquerque, NM

for Respondent

DISPOSITIONAL ORDER OF REMAND

VIGIL, Justice.

{1} WHEREAS, this matter came before the Court on petition for writ of certiorari
under Rule 12-501 NMRA seeking review of the Twelfth Judicial District Court’s order
denying Petitioner’s request for release from indeterminate sex-offender parole as the
remedy for failure to hold a timely duration review hearing as required by NMSA 1978,
Section 31-21-10.1(C) (2007);

{2} WHEREAS, the Court initially denied the petition;
{3} WHEREAS, the Court thereafter withdrew the order denying the petition and
ordered that this case be held in abeyance pending the Court’s disposition of Aragon v.
Martinez, S-1-SC-39172;

{4} WHEREAS, this Court has now issued an opinion and mandate in Aragon v.
Martinez, ___-NMSC-___, ___ P.3d ___ (S-1-SC-39172, July 14, 2025) (mandate filed
Aug. 18, 2025);

{5} WHEREAS, the opinion in Aragon addresses and significantly affects the issue of
law presented in this case; and

{6} WHEREAS, the Court exercises its discretion under Rule 12-405(B)(1) NMRA to
dispose of this case by nonprecedential order rather than a formal opinion;

{7} NOW, THEREFORE, IT IS ORDERED that the abeyance is VACATED and this
matter is REMANDED to the district court to reconsider Petitioner’s right to habeas relief
in accordance with Aragon, ___-NMSC-___, ¶ 42.

{8} IT IS SO ORDERED.

MICHAEL E. VIGIL, Justice

WE CONCUR:

DAVID K. THOMSON, Chief Justice

C. SHANNON BACON, Justice

JULIE J. VARGAS, Justice

BRIANA H. ZAMORA, Justice