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STATE v. LESLIE

Nos. 24,268, 24,202.

96 P.3d 805 (2004)

136 N.M. 244

2004-NMCA-106

STATE of New Mexico, Plaintiff-Appellee, v. Joel LESLIE, Defendant-Appellant. State of New Mexico, Plaintiff-Appellee, v. Josh Holmes, Defendant-Appellant.

Court of Appeals of New Mexico.

June 30, 2004.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, for Appellees.

John B. Bigelow, Chief Public Defender, Kathleen T. Baldridge, (Docket No. 24,268), Cordelia A. Friedman, (Docket No. 24,202), Assistant Appellate Defenders, Santa Fe, for Appellants.

OPINION

FRY, J.

{1} Defendant Joel Leslie appeals his sentence following an admittedly valid revocation of probation. He raises a single legal issue: whether the trial court erred in failing to give him credit for time served while on probation after a conditional discharge. Appealing from a factually unrelated case, Defendant Josh Holmes raises the identical legal issue. In both cases the State concedes that Defendants were entitled to credit for...

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