A final order shall be entered in every case. If the defendant has been found guilty, a judgment of guilty shall be rendered. 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 court shall give notice of the final order in accordance with Paragraph B of Rule 8-208 NMRA. A final order includes, but is not limited to, a judgment and sentence or the back of the traffic citation on a penalty assessment where the defendant pled guilty or no contest and did not receive a deferred sentence. If the traffic citation is the final order, a copy need not be provided to the prosecution unless requested.
N.M. R. Mun. Ct. P. 8-701
ANNOTATIONS The 2011 amendment, approved by Supreme Court Order No. 11-8300-013, effective April 25, 2011, required that a final order be entered in every case and provided that a final order may be a judgment and sentence or the back of a traffic citation on a penalty assessment if the defendant pled guilty or no contest and did not receive a deferred sentence and that if the final order is a traffic citation, the final order need not be given to the prosecution unless the prosecution requests a copy. The 2002 amendment, effective October 15, 2002, deleted the former first sentence which read "If the defendant is acquitted, a judgment of not guilty shall be entered"; substituted "has been found guilty" for "is found guilty a written" in the present first sentence; substituted "rendered in open court and thereafter a written judgment and sentence shall be signed by the" for "signed by the municipal" in the second sentence; and in the fourth sentence, deleted "municipal" preceding "court" at the beginning and substituted "Paragraph B" for "Paragraph H" at the end of the sentence. The 1992 amendment, effective for cases filed in the municipal courts on and after October 1, 1992, added the third sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 525 to 534, 588. Court's right, in imposing sentence, to hear evidence of, or to consider, other offenses committed by defendant, 96 A.L.R.2d 768. 24 C.J.S. Criminal Law §§ 1458 to 1505.