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STATE v. DIAZ

No. 15080.

673 P.2d 501 (1983)

100 N.M. 524

STATE of New Mexico, Petitioner, v. Rudolfo DIAZ, Respondent.

Supreme Court of New Mexico.

As Amended November 29, 1983.

Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., Marcia E. White, Asst. Atty. Gen., Santa Fe, for petitioner.

Janet Clow, Chief Public Defender, William P. Slattery, Asst. Appellate Defender, Santa Fe, for respondent.

OPINION

RIORDAN, Justice.

Defendant Rudolfo Diaz (Diaz), was sentenced to eighteen months after he pled guilty to distribution of marijuana in violation of NMSA 1978, Subsection 30-31-22(A)(1)(a) (Repl.Pamp. 1980). On appeal to the Court of Appeals, Diaz alleged that the trial court was precluded from entering a written judgment and sentence because previously, the trial court had orally stated that the sentence would be suspended. The Court of Appeals agreed...

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