State v. Druktenis1/30/2004
position in the United States Supreme Court of two cases covering ex post facto and procedural due process issues. The Supreme Court recently handed down decisions in these two cases, Smith v. Doe, 538 U.S. 84, 123 S. Ct. 1140 (2003), and Connecticut Dep't of Pub. Safety v. Doe, 538 U.S. 1, 123 S. Ct. 1160 (2003) [hereinafter Connecticut v. Doe].
DISCUSSION
I. Standard of Review
We review Defendant's constitutional challenges to SORNA under a de novo standard of review. See State v. Laguna, 1999-NMCA-152, 24, 128 N.M. 345, 992 P.2d 896; see also Georgia O'Keefe Museum v. County of Santa Fe, 2003-NMCA-003, 27, 133 N.M. 297, 62 P.3d 754 ("We interpret the Constitution and determine whether the law was properly applied to the facts through de novo review."); cf. State v. Herbstman, 1999-NMCA-014, 16, 126 N.M. 683, 974 P.2d 177 (stating, in a SORA-related case, that interpretation of the relevant statutes is a question of law, which this Court reviews de novo). We review Defendant's specific performance contention de novo, as well, since the facts are not disputed and the issue is purely a legal one. See State v. Esparza, 2003-NMCA-075, 13, 133 N.M. 772, 70 P.3d 762 ("Because the underlying facts . . . are not in dispute, we review the legal issues presented de novo.").
In regard to Ex Post Facto Clause and Article IV, Section 34 related constitutional attacks, there exists a presumption of constitutionality, and the party attacking the constitutionality of the statute has the burden of proving the statute is unconstitutional beyond all reasonable doubt. See Espanola Hous. Auth. v. Atencio, 90 N.M. 787, 788, 568 P.2d 1233, 1234 (1977); see also State v. Clark, 1999-NMSC-035, 62, 128 N.M. 119, 990 P.2d 793 (same, in a criminal prosecution involving Fourteenth Amendment guarantee); City of Farmington v. Fawcett, 114 N.M. 537, 540, 843 P.2d 839, 842 (1992) (same, in a criminal prosecution); City of Raton v. Sproule, 78 N.M. 138, 142, 429 P.2d 336, 340 (1967) (stating that assertions of Fourteenth Amendment due process and equal protection grounds in attacking a statute's classification limiting electors to residents of a county are to be examined under a presumption of the validity and regularity requiring the court to refrain from declaring the statute unconstitutional "unless the court is satisfied beyond all reasonable doubt that the legislature went outside the constitution in enacting the challenged legislation"). This presumption is a "strong" presumption. City of Albuquerque v. One (1) 1984 White Chevy, 2002-NMSC-014, 5, 132 N.M. 187, 46 P.3d 94.
In regard to Fourteenth Amendment liberty interest claims, we look to standards of strict, intermediate, or rational basis scrutiny, to analyze the constitutionality of the statute. See Trujillo v. City of Albuquerque, 1998-NMSC-031, 14, 125 N.M. 721, 965 P.2d 305 [hereinafter Trujillo III]; Marrujo v. N.M. State Highway Transp. Dep't, 118 N.M. 753, 757, 887 P.2d 747, 751 (1994). Under rational basis scrutiny, the party attacking the constitutionality of the statute must overcome a presumption of constitutionality under a burden similar to the burden generally imposed as set out in Espanola Housing Authority, 90 N.M. at 788, 568 P.2d at 1234, and the long list of cases following it. "To successfully challenge a statute under the rational basis test, a plaintiff is required to show that the statute's classification is not rationally related to the legislative goal." Trujillo III, 1998-NMSC-031, 14 (citing Richardson v. Carnegie Library Rest., Inc., 107 N.M. 688, 694, 763 P.2d 1153, 1159 (1988)). " egislative acts are presumptively valid and normally are subjected to the rational basis test." Ri
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