2020 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 20 - Sentencing
Section 31-20-4 - Application of order deferring or suspending sentence.
An order deferring or suspending sentence may be limited to one or more counts or indictments, but, in the absence of express limitation, it shall extend to the entire judgment.
History: 1953 Comp., § 40A-29-16, enacted by Laws 1963, ch. 303, § 29-16; and recompiled as 1953 Comp., § 40A-29-40, by Laws 1977, ch. 216, § 16.
ANNOTATIONSSuspension or deferment not matter of right. — The suspension or deferment of a sentence is not a matter of right but is an act of clemency within the trial court's discretion. State v. Follis, 1970-NMCA-083, 81 N.M. 690, 472 P.2d 655.
Contradictory judgment renders improper sentence. — Where the trial court deferred a sentence of imprisonment and imposed sentence of a fine for the same offense, either the deferral or the fine is subject to being stricken as an improper sentence, and the execution of either part of the sentence renders the remaining part void. State v. Aragon, 1979-NMCA-074, 93 N.M. 132, 597 P.2d 317.
When probation requirements ineffective. — Once a deferred sentence becomes void, the probation requirements are no longer in effect. State v. Aragon, 1979-NMCA-074, 93 N.M. 132, 597 P.2d 317.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 21 Am. Jur. 2d Criminal Law § 898.
