N.M. R. Crim. P. Dist. Ct. 5-701

As amended through November 1, 2024

Rule 5-701 - Judgment; costs

A.Judgment. If the defendant is found guilty, a judgment of guilty shall be rendered if the court makes the legal determination that sufficient evidence supports the verdict. If the defendant has been acquitted, a judgment of not guilty shall be rendered. The judgment and sentence shall be rendered in open court and thereafter a written judgment and sentence shall be signed by the judge and filed. The clerk shall give notice of entry of judgment and sentence.

B.Sentencing hearing. Except for good cause shown, the sentencing hearing shall begin within ninety (90) days from the date the trial was concluded or the date a plea was entered.

C.Judgment and sentence. Within thirty (30) days after the conclusion of the sentencing hearing, the court shall enter a judgment and sentence.

D.Costs and fees. In a case in which there is a conviction, costs and fees may be imposed as provided by law.

N.M. R. Crim. P. Dist. Ct. 5-701

As amended, effective 12/1/1998; as amended by Supreme Court Order No. S-1-RCR-13 2023-00020, effective for all cases pending or filed on or after 12/31/2023.

ANNOTATIONS The 1998 amendment, effective December 1, 1998, substituted "the defendant" for "he" in the second sentence in Paragraph A; added present Paragraphs B and C; redesignated former Paragraph B as present Paragraph D; and in Paragraph D substituted "costs and fees may be imposed as provided by law" for "the costs may be adjudged against the defendant". Failure to enter judgment in accordance with verdict. - Once the jury returns a guilty verdict, this rule requires the trial court to enter judgment in accordance with the verdict. The trial court's noncompliance with this rule requires a reversal of its judgment of not guilty and a remand for an entry of judgment in compliance with this rule. State v. Davis, 1982-NMCA-057, 97 N.M. 745, 643 P.2d 614. Orally pronounced sentence not final. - Since an orally pronounced sentence is not a final judgment and is subject to change until reduced to writing, the trial court had authority to change an orally pronounced sentence even though the defendant, pursuant to the oral sentence, had already reported to his probation officer, submitted a report, and paid the fee for probation costs. State v. Rushing, 1985-NMCA-091, 103 N.M. 333, 706 P.2d 875. Suspension or deferment of 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. Right of state to appeal. - Where the trial court fails to comply, after the verdict is received, with a mandatory rule of criminal procedure, the state has a right to appeal. State v. Davis, 1982-NMCA-057, 97 N.M. 745, 643 P.2d 614. Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 791 to 793. 24 C.J.S. Criminal Law §§ 1458 to 1592.