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STATE v. SINYARD

No. 7179.

675 P.2d 426 (1983)

100 N.M. 694

STATE of New Mexico, Plaintiff-Appellee, v. Rodney SINYARD, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied January 18, 1984.

Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., William McEuen, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Janet Clow, Chief Public Defender, J. Thomas Sullivan, Appellate Defender, Santa Fe, for defendant-appellant.

OPINION

NEAL, Judge.

Convicted of larceny over $100.00, contrary to NMSA 1978, § 30-16-1 (Cum. Supp. 1983), defendant appeals contending that after his sentence was partially suspended the trial court could not impose probation. Although not raised below or in the docketing statement his claim that the sentence is unauthorized by statute is jurisdictional and may be raised for the first time on appeal. NMSA 1978, Crim., Child. Ct., Dom.Rel. & W...

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