December 16, 2015

Duran accepts sentence, including 30 days in jail

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Joey Peters

Cell phone photo of former Secretary of State Dianna Duran after a sentencing hearing on December 14.

Dianna Duran will be going to jail this Friday, where she will spend the next thirty days, including the holidays.

Cell phone photo of former Secretary of State Dianna Duran after a sentencing hearing on December 14.

Joey Peters

Cell phone photo of former Secretary of State Dianna Duran after a sentencing hearing on December 14.

Erlinda Johnson, said that Duran would not withdraw her guilty plea and will instead accept the sentence handed down by a judge earlier this week.

“With the same resolve with which Ms. Duran swiftly accepted responsibility, she will accept the sentence of the court,” Johnson said in a short emailed statement to NM Political Report and other media outlets.

Note: This story may be updated with further details throughout the day.

Duran pleaded guilty to a number of charges, including violating campaign finance laws and embezzling money from her campaign accounts for personal use. The initial plea agreement did not include any jail time, but Judge Glenn Ellington imposed 30 days in jail on Monday.

Ellington had previously said that Duran could withdraw her guilty plea if he imposed jail time. He gave Duran until noon on Wednesday to make the decision.

The total sentence is seven and a half years with all but 30 days suspended. The former Secretary of State will serve supervised probation for five years and pay $14,000 in fines and just over $13,000 in restitution. She also will need to wear a GPS monitor for three years, which will make sure she does not enter any gambling establishment.

Duran’s attorney had asked Ellington to delay the time in jail until after the holidays so she could spend the time with her family, but he refused. He noted that many criminals have families, and that is not a reason to delay the time in jail.

Just yesterday, Gov. Susana Martinez appointed Brad Winter as Duran’s replacement. Winter will oversee the crucial presidential elections next year.

Andy Lyman contributed to this report.

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