{
  "id": 2735652,
  "name": "STATE of New Mexico, Plaintiff-Appellee, v. Alfredo FLORES, Defendant-Appellant",
  "name_abbreviation": "State v. Flores",
  "decision_date": "1968-08-12",
  "docket_number": "No. 8499",
  "first_page": "384",
  "last_page": "385",
  "citations": [
    {
      "type": "official",
      "cite": "79 N.M. 384"
    },
    {
      "type": "parallel",
      "cite": "444 P.2d 295"
    }
  ],
  "court": {
    "name_abbreviation": "N.M.",
    "id": 8835,
    "name": "Supreme Court of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2449,
    "ocr_confidence": 0.651,
    "sha256": "52f0e2776daec50aefbd05f86a4f0cd172a77434214da899fc0170df1aacce57",
    "simhash": "1:16893e8a3e0c80ab",
    "word_count": 403
  },
  "last_updated": "2023-07-14T18:21:18.946358+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "CHAVEZ, C. J., and CARMODY. J., concur."
    ],
    "parties": [
      "STATE of New Mexico, Plaintiff-Appellee, v. Alfredo FLORES, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "OPINION\nSPIESS, Chief Judge, Court of Appeals.\nFollowing trial by jury and conviction for unlawful possession and sale of narcotic drugs in violation of \u00a7 54 \u2014 7-14, N.M.S.A. 1953, defendant was placed on probation for five years and imposition of sentence was deferred. Some twenty-one days later after a hearing which determined that defendant had violated the terms and conditions of his probation the court entered judgment sentencing him to a term of two to ten years in the Penitentiary of New Mexico.\nOn July 28, 1966, defendant filed a motion under Rule 93, \u00a7 21-1-1(93), N.M.S.A. 1953, seeking a vacation of judgment and sentence upon the grounds (1) that the maximum sentence which could be imposed was two to five years, and (2) that defendant was entitled to credit on the sentence imposed for the twenty-one days served on probation.\nBy order entered June 29, 1967, the trial court denied defendant\u2019s motion. Timely notice of appeal was thereafter filed.\nThe first ground asserted by the motion in the trial court is reasserted here in support of defendant\u2019s claim of error in the denial of his motion, the second ground asserted in the motion appears to have been granted by the trial court.\nWe find no merit to defendant\u2019s claim that the maximum sentence which could be imposed was two to five years.\nThe penalty for conviction of a first offense under \u00a7 54-7-414, supra, is prescribed by '\u00a7 54 \u2014 7-15, N.M.S.A.1953, as follows:\n\u201cAny person violating the foregoing sections [54-7-13, 54-7-14] shall, upon conviction thereof, be punished as follows:\nA. For the first. offense, upon conviction, he shall be fined not more than two thousand dollars ($2,000) and imprisoned not less than two [2] years- nor more than ten [10] years.\u201d\nWe further note that \u00a7 41-17-28.1, subd. B, N.M.S.A.1953, specifically provides \u201c* * * If imposition of sentence was deferred, the court may impose any sentence which might originally have been imposed. * * * \u201d It is clear that the sentence of two to ten years imprisonment might originally have been imposed.\nThe order denying the motion should be and hereby is -affirmed.\nIt is so ordered.\nCHAVEZ, C. J., and CARMODY. J., concur.",
        "type": "majority",
        "author": "SPIESS, Chief Judge, Court of Appeals."
      }
    ],
    "attorneys": [
      "Leon Karelitz, Las Vegas, for appellant.",
      "Boston E. Witt, Atty. Gen., Gary O\u2019Dowd, Asst. Atty. Gen., Santa Fe, for appellee."
    ],
    "corrections": "",
    "head_matter": "444 P.2d 295\nSTATE of New Mexico, Plaintiff-Appellee, v. Alfredo FLORES, Defendant-Appellant.\nNo. 8499.\nSupreme Court of New Mexico.\nAug. 12, 1968.\nLeon Karelitz, Las Vegas, for appellant.\nBoston E. Witt, Atty. Gen., Gary O\u2019Dowd, Asst. Atty. Gen., Santa Fe, for appellee."
  },
  "file_name": "0384-01",
  "first_page_order": 416,
  "last_page_order": 417
}