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STATE v. MARES

No. 22212.

888 P.2d 930 (1994)

119 N.M. 48

STATE of New Mexico, Plaintiff-Petitioner, v. Jerome P. MARES, Defendant-Respondent.

Supreme Court of New Mexico.

Rehearing Denied January 17, 1995.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Joel Jacobsen, Asst. Atty. Gen., Santa Fe, for petitioner.

Timothy M. Padilla & Associates, P.C., Todd B. Hotchkiss, Albuquerque, for respondent.

OPINION

RANSOM, Justice.

We issued a writ of certiorari to the Court of Appeals to review that Court's recognition of a limitation on the discretion of the trial court to impose additional incarceration after Jerome P. Mares violated the conditions of the probation awarded under a plea agreement with the State. The Court of Appeals held that, regardless of Mares's probation violation, the trial court was limited by the plea agreement to impose a maximum...

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