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STATE v. GRIFFIN

No. 6020.

665 P.2d 1166 (1983)

STATE of New Mexico, Plaintiff-Appellant, v. Lee GRIFFIN, Defendant-Appellee.

Court of Appeals of New Mexico.

June 9, 1983.

Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., Carol Vigil, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Barry D. Williams, Robert N. Singer, P.A., Albuquerque, for defendant-appellee.

OPINION

WOOD, Judge.

NMSA 1978, § 31-17-1 (Repl.Pamp. 1981), which deals with victim restitution "makes restitution mandatory when a sentence is deferred or suspended; the court has no discretion." State v. Ennis, 99 N.M. 117, 654 P.2d 570 (Ct.App. 1982), and cases therein cited. In this case, the trial court deferred sentence but refused to require defendant to make restitution...

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