If the judgment of the municipal court in the action is affirmed or rendered against the defendant on appeal, the district court shall enter judgment imposing the same, a greater or a lesser penalty as that imposed in the municipal court in the action. If the defendant fails to appear at the time set for hearing of the appeal in the district court without a sufficient showing for a continuance, the district court shall affirm the judgment and sentence of the municipal court and render judgment against the defendant and his sureties on the appeal bond. When the municipal court has imposed a jail sentence upon the defendant, the district court shall issue a bench warrant for the immediate arrest and confinement of the defendant.
History: Laws 1919, ch. 112, § 4; C.S. 1929, § 79-525; 1941 Comp., § 39-211; 1953 Comp., § 38-1-11; Laws 1969, ch. 35, § 3; 1975, ch. 212, § 2.
ANNOTATIONSSentence increased. — Because the district court did not suspend any of the 30-day jail term it imposed (as had the municipal court), the effect was an increase in the amount of jail time required to be served, which was an increase in the sentence. City of Farmington v. Sandoval, 1977-NMCA-022, 90 N.M. 246, 561 P.2d 945.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 62 C.J.S. Municipal Corporations § 378.