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STATE v. NIETO

No. 30,806.

303 P.3d 855 (2013)

2013-NMCA-065

STATE of New Mexico, Plaintiff-Appellee, v. Krystal NIETO, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, April 24, 2013, No. 34,082.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Margaret McLean , Assistant Attorney General, Santa Fe, NM, for Appellee.

Bennett J. Baur , Acting Chief Public Defender, Kimberly Chavez Cook , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

HANISEE, Judge.

{1} Defendant appeals the district court's judgment and probated sentence, which orders that Defendant's 103-day-period of pre-sentence confinement be credited only to a future sentence of incarceration arising from a violation of the terms and conditions of her probation. Defendant contends that the district court misconstrued NMSA 1978, Section 31-20-12 (1977) when it did not deduct pre-sentence

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