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STATE v. CANDELARIA

No. 12623.

825 P.2d 221 (1991)

113 N.M. 288

STATE of New Mexico, Plaintiff-Appellee, v. Larry CANDELARIA, Defendant-Appellant.

Court of Appeals of New Mexico.

September 12, 1991.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Max Shepherd, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Jacquelyn Robins, Chief Public Defender, Amme M. Hogan, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

OPINION

APODACA, Judge.

Defendant appeals the district court's order placing him on probation for a period of eighteen months, as a result of his conviction for a petty misdemeanor. He contends the relevant statutory scheme does not permit the length of probation to vary depending on whether a defendant is sentenced in district court or a lesser tribunal. We agree and reverse the district court's sentencing order.

BACKGROUND

Defendant was...

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