Kirtland man had pled guilty as part of plea agreement

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FARMINGTON — A Kirtland man convicted of failing to register as a sex offender and a child pornography charge has been transferred to the custody of the New Mexico Department of Corrections.

Anthony Mihaley, 56, pleaded guilty to third-degree felony counts of distribution of visual medium of sexual exploitation of children and failure to register as a sex offender (second or subsequent offense) in two separate cases, according to a copy of the plea agreement.

He will serve eight years in prison for the two felony convictions, and the terms will run concurrently, according to Brent Capshaw, a San Juan County chief deputy district attorney.

A hearing regarding his sentencing took place Feb. 26 in front of Chief District Judge Karen Townsend in Aztec District Court.

Mihaley was released to the custody of the state corrections department on March 15, according to court records.

Probation will be more than five years but less than 20 years after Mihaley serves his prison sentence.

As part of the plea agreement, a fourth-degree felony count of possession of visual medium of sexual exploitation (child under 13) was dismissed.

Mihaley was convicted of distributing a computer file that is considered to be child pornography using the BitTorrent network, according to The Daily Times archives.

Mihaley also was convicted of failing to report as required to the San Juan County Sheriff's Office within 10 days of being released from the San Juan County Adult Detention Center on Aug. 4. He was released after posting bond on the child pornography case.

He pleaded guilty to a failure to register charge on April 24 in a separate case.

Deputy Mike Rietz of the Sheriff's Office told The Daily Times Mihaley had been living in Kirtland for about a year and a half before he appeared on the Sheriff's Office radar.

A deputy was dispatched to Mihaley's house on June 16, 2016, on a call unrelated to the sex offender conviction and discovered Mihaley had the conviction. He was taken into custody then.

Mihaley had been convicted of the rape of a child in the third degree in Pacific County, Washington, on July 21, 2000.

Mihaley had three previous convictions for failure to register as a sex offender in Texas, Colorado and Utah before he moved to New Mexico, according to The Daily Times archives.

Joshua Kellogg covers crime, courts and social issues for The Daily Times. He can be reached at 505-564-4627 or via email at jkellogg@daily-times.com.

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