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STATE v. NEAL

No. 26,108.

167 P.3d 935 (2007)

2007-NMCA-086

STATE of New Mexico, Plaintiff-Appellee, v. John Marcus NEAL, Defendant-Appellant.

Court of Appeals of New Mexico.

June 20, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Ralph E. Trujillo, Assistant Attorney General, Albuquerque, NM, for Appellee.

Law Offices of Nancy L. Simmons, P.C., Nancy L. Simmons, Albuquerque, NM, for Appellant.

OPINION

WECHSLER, Judge.

{1} This case requires us to determine whether the district court had jurisdiction to revoke Defendant's probation. Resolution of this issue depends on the application of NMSA 1978, § 31-20-5(B) (2003). Section 31-20-5(B)(2) provides that if a defendant's parole is revoked, "the period of parole served in the custody of a correctional facility shall not be credited as time served on probation." The appeal involves...

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