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STATE v. ARAGON

No. 3979.

597 P.2d 317 (1979)

93 N.M. 132

STATE of New Mexico, Plaintiff-Appellee, v. Charles Roland Aragon, Defendant-Appellant.

Court of Appeals of New Mexico.

June 5, 1979.

Attorney(s) appearing for the Case

Timothy P. Woolston, Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Arthur Encinias, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

This appeal involves the legal effect of a deferred sentence when, in the same judgment, a fine was imposed, the fine having been paid before the deferral was revoked and sentence imposed.

In July, 1977, defendant pled guilty to a fourth degree felony. The authorized sentence was imprisonment for not less than one nor more than five years, or a fine not to exceed $5,000, or both. Section 31-18-3(D), N.M.S.A. 1978. However...

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