[DOWNLOAD] "State v. Travarez" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Travarez
- Author : New Mexico Court of Appeals
- Release Date : January 06, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Defendant entered a plea of no contest to embezzlement of over $100 but less than $2500. On March 23, 1981, sentence was deferred and defendant was placed on probation for two years. One of the conditions of defendants probation was that he pay restitution of $210 within 90 days of sentencing. On March 1, 1982, the State filed a petition to revoke probation, alleging defendants failure to pay restitution. The revocation hearing was held on October 4, 1982. At that hearing, defendant moved to amend the judgment and sentence of March 23, 1981, arguing that it improperly imposed a probation period longer than the maximum sentence authorized for the crime charged. The motion was granted, but following the revocation hearing defendant was sentenced to 18 months in the state penitentiary. That sentence was suspended, and defendant was ordered to serve 18 months on probation under the supervision of the Department of Corrections, and to pay restitution. Credit for probation time already served from March 23, 1981 to March 2, 1982 was made a part of the judgment. We proposed summary reversal; the State has filed a memorandum in opposition which we find unpersuasive.