STATE v. BACA

No. 7542.

683 P.2d 970 (1984)

101 N.M. 413

STATE of New Mexico, Plaintiff-Appellee, v. David BACA, Defendant-Appellant.

Court of Appeals of New Mexico.

May 15, 1984.


Attorney(s) appearing for the Case

Janet Clow, Chief Public Defender, J. Thomas Sullivan, Appellate Defender, Santa Fe, Mark Shapiro, Trial Counsel, Albuquerque, for defendant-appellant.

Paul G. Bardacke, Atty. Gen., Charles D. Noland, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

BIVINS, Judge.

This appeal presents the question of whether a conviction based on a nolo contendere plea can be used as the sole basis to revoke probation. We hold that it cannot and, therefore, reverse.

Following conviction in metropolitan court for driving while intoxicated, second offense, and possession of less than one ounce of marijuana, the court suspended the majority of defendant's sentence and fine and placed him on probation. One...

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