STATE v. BENCOMO

No. 11409.

790 P.2d 521 (1990)

STATE of New Mexico, Plaintiff-Appellee, v. Gildardo BENCOMO, Defendant-Appellant.

Court of Appeals of New Mexico.

March 13, 1990.


Attorney(s) appearing for the Case

Jacquelyn Robins, Chief Public Defender, Jonathan A. Abbott, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Hal Stratton, Atty. Gen., Katherine Zinn, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

HARTZ, Judge.

Defendant appeals the judgment entered on his plea of no contest to the charge of child abuse resulting in death. NMSA 1978, § 30-6-1(C)(2) (Repl.Pamp. 1984). We apply the doctrine of fundamental error and reverse because the district court failed to offer defendant the opportunity to withdraw his plea after the court refused to accept the prosecutor's sentencing recommendation pursuant to a plea agreement between the state and...

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