Appeals court challenges early release of former teacher convicted of sex crime

Digital Assignment Editor

Patrick Howard, a former Las Cruces High School teacher, pleaded guilty five years ago to criminal sexual contact of a minor and battery after being accused of inappropriately touching two students while he was a teacher.

Howard 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 appealed after the district court denied that request.

The New Mexico Court of Appeals rejected the argument that the state’s sex-offender probation law does not apply to defendants who receive conditional discharges. The court ruled that sex offenders receiving conditional discharges are subject to the same mandatory probation requirements.

The court found Howard was not eligible for early termination before completing the initial five-year period.

The victims were not notified when Howard’s probation was terminated early.

The Court of Appeals is now sending the case back to district court for further proceedings. The district court must impose the legally required probation sentence and give Howard an opportunity to withdraw his guilty plea because the original plea agreement included an illegal fixed probation term.