N.M. R. Crim. P. Magist. Ct. 6-801
The magistrate court may modify but not increase a sentence or fine at any time during the maximum period for which incarceration could have been imposed. No sentence shall be modified without prior notification to all parties and a hearing thereon. No sentence shall be modified while the appeal is pending. Changing a sentence from incarceration to probation constitutes a permissible reduction of sentence under this rule. No judgment of conviction shall be changed. No fine paid shall be ordered returned.
N.M. R. Crim. P. Magist. Ct. 6-801
For form on judgment and sentence, see Rule 9-601 NMRA. For form on final order on criminal complaint, see Rule 9-603 NMRA. For form on agreement to pay the fine and court costs, see Rule 9-605 NMRA. Magistrate court not required to expressly reserve jurisdiction. - There is nothing in these rules or in the supreme court approved forms for the magistrate courts which requires a magistrate court to expressly reserve jurisdiction. Cowan v. Davis, 1981-NMSC-054, 96 N.M. 69, 628 P.2d 314. Effect of failure to obtain timely trial date. - Failure to comply with the six-month rule for obtaining a trial date under Paragraph B of Rule 6-702 NMRA, absent an extension, requires a dismissal of the appeal and remand to the magistrate court for enforcement of its judgment. State v. Hrabak, 1983-NMCA-100, 100 N.M. 303, 669 P.2d 1098. Court at fault for not setting timely hearing on appeal. - If the district court is at fault in not setting an appeal for hearing within six months, it does not err in denying the state's motion to dismiss the appeal and it has jurisdiction to dismiss the complaint with prejudice. State v. Hrabak, 1983-NMCA-100, 100 N.M. 303, 669 P.2d 1098. Court has power to impose conditions on deferred or suspended sentences. 1979 Op. Att'y Gen. No. 79-18. Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 525 to 534. Propriety and prejudicial effect of trial court's inquiry as to numerical division of jury, 77 A.L.R.3d 769. 24 C.J.S. Criminal Law § 1660 et seq.