An order deferring or suspending sentence for the purposes of appeal shall be deemed a final judgment.
History: 1953 Comp., § 40A-29-23, enacted by Laws 1963, ch. 303, § 29-23; and recompiled as 1953 Comp., § 40A-29-46, by Laws 1977, ch. 216, § 16.
ANNOTATIONSPrior conviction, not prior sentence, is dispositive for repeat offender status. — Where defendant was convicted of drug charges in New Mexico; the New Mexico court deferred defendant's sentence for a two-year probationary period; the deferred sentence was a final judgment subject to appeal; and after defendant successfully completed the probation, defendant was entitled to have the New Mexico charges dismissed, the deferred sentence was a prior conviction for purposes of sentence enhancement. United States v. Meraz, 998 F.2d 182 (10th Cir. 1993).
It is solely within province of legislature to establish penalties for criminal behavior. State v. Lack, 1982-NMCA-111, 98 N.M. 500, 650 P.2d 22, cert. denied, 98 N.M. 478, 649 P.2d 1391.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Reduction by appellate court of punishment imposed by trial court, 29 A.L.R. 313, 89 A.L.R. 295.
Acceptance of probation, parole or suspension of sentence as waiver of error or right to appeal or to move for new trial, 117 A.L.R. 929.
Appealability of order suspending imposition or execution of sentence, 51 A.L.R.4th 939.