Section 31-20A-4 – Repealed.
History: Laws 1979, ch. 150, § 5; repealed by Laws 2009, ch. 11, § 5. ANNOTATIONS Repeals. — Laws 2009, ch. 11, § 5 repealed 31-20A-4 NMSA 1978, as enacted by Laws 1979, ch. 150, § 5, relating to automatic review by supreme court of death sentences, effective July 1, 2009. For provisions of former […]
Section 31-20A-5 – Aggravating circumstances.
The aggravating circumstances to be considered by the sentencing court or jury pursuant to the provisions of Section 31-20A-2 NMSA 1978 are limited to the following: A. the victim was a peace officer who was acting in the lawful discharge of an official duty when he was murdered; B. the murder was committed with intent […]
Section 31-20-5.2 – Sex offenders; period of probation; terms and conditions of probation.
A. When a district court defers imposition of a sentence for a sex offender, or suspends all or any portion of a sentence for a sex offender, the district court shall include a provision in the judgment and sentence that specifically requires the sex offender to serve an indeterminate period of supervised probation for a […]
Section 31-20-6 – Conditions of order deferring or suspending sentence.
The magistrate, metropolitan or district court shall attach to its order deferring or suspending sentence reasonable conditions as it may deem necessary to ensure that the defendant will observe the laws of the United States and the various states and the ordinances of any municipality. The defendant upon conviction shall be required to reimburse a […]
Section 31-20-7 – Repealed.
ANNOTATIONS Repeals. — Laws 1985, ch. 75, § 3 repealed 31-20-7 NMSA 1978, as amended by Laws 1977, ch. 216, § 16, relating to the length of period of deferment or suspension of sentence, effective April 1, 1985. Compiler’s notes. — Laws 1993, ch. 283, § 2 enacted a new 31-20-7 NMSA 1978. That section […]
Section 31-20-8 – Effect of termination of period of suspension without revocation of order.
Whenever the period of suspension expires without revocation of the order, the defendant is relieved of any obligations imposed on him by the order of the court and has satisfied his criminal liability for the crime. He shall thereupon be entitled to a certificate from the court so reciting such facts, and upon presenting the […]
Section 31-20-9 – Completion of total term of deferment.
Whenever the period of deferment expires, the defendant is relieved of any obligations imposed on him by the order of the court and has satisfied his criminal liability for the crime, the court shall enter a dismissal of the criminal charges. History: 1953 Comp., § 40A-29-22, enacted by Laws 1963, ch. 303, § 29-22; and […]
Section 31-20-10 – Character of order.
An order deferring or suspending sentence for the purposes of appeal shall be deemed a final judgment. History: 1953 Comp., § 40A-29-23, enacted by Laws 1963, ch. 303, § 29-23; and recompiled as 1953 Comp., § 40A-29-46, by Laws 1977, ch. 216, § 16. ANNOTATIONS Prior conviction, not prior sentence, is dispositive for repeat offender […]
Section 31-20-11 – Credit for time pending appellate review.
A person convicted of a felony in the district court and held in official confinement while awaiting the outcome of an appeal, writ of error to, or writ of certiorari from, a state or federal appellate court or prior to his release as a result of postconviction proceedings or habeas corpus, shall be given credit […]
Section 31-20-12 – Credit for time prior to conviction.
A person held in official confinement on suspicion or charges of the commission of a felony shall, upon conviction of that or a lesser included offense, be given credit for the period spent in presentence confinement against any sentence finally imposed for that offense. History: 1953 Comp., § 40A-29-25, enacted by Laws 1967, ch. 221, […]