N.M. R. Crim. P. Metro. Ct. 7-701

As amended through May 8, 2024
Rule 7-701 - Judgment

A final order shall be entered in a case. If the defendant is found guilty, a judgment of guilty shall be rendered if the court makes the legal determination that sufficient evidence supports the verdict. If the defendant has been acquitted, a judgment of not guilty shall be rendered. The judgment and sentence shall be rendered in open court and thereafter a written judgment and sentence shall be signed by the judge and filed. The court shall give notice of the final order in accordance with Paragraph B of Rule 7-209 NMRA. A final order includes, but is not limited to, a judgment and sentence or the back of the traffic citation on a penalty assessment when the defendant pled guilty or no contest and did not receive a deferred sentence. If the traffic citation is the final order, a copy need not be provided to the prosecution unless requested.

N.M. R. Crim. P. Metro. Ct. 7-701

As amended, effective 10/1/1992;1/1/1995; as amended by Supreme Court Order No. 11-8300-014, effective 4/25/2011; as amended by Supreme Court Order No. S-1-RCR- 2023-00020, effective for all cases pending or filed on or after 12/31/2023.

Committee commentary. - The rule, as proposed by the committee, requires the court to impose costs against the defendant when there is a conviction. Former Rule 33 of the Rules of Criminal Procedure for the Magistrate Courts (see now Rules 6-701, 6-702 and 6-801 NMRA) made imposition of costs discretionary with the court.

ANNOTATIONS The 2011 amendment, approved by Supreme Court Order No. 11-8300-014, effective April 25, 2011, required that a final order be entered in every case and provided that a final order may be a judgment and sentence or the back of a traffic citation on a penalty assessment if the defendant pled guilty or no contest and did not receive a deferred sentence and that if the final order is a traffic citation, the final order need not be given to the prosecution unless the prosecution requests a copy. The 1995 amendment, effective January 1, 1995, deleted "costs" following "Judgment" in the rule heading, deleted the Paragraph A designation and the paragraph heading "Judgment" in former Paragraph A, and deleted former Paragraph B relating to costs against the defendant. The 1992 amendment, effective for cases filed in the metropolitan courts on and after October 1, 1992, substituted "the defendant has" for "he has" in the second sentence and added the fourth sentence in Paragraph A; and deleted Paragraph C, relating to fine receipts.

For form on judgment and sentence, see Rule 9-601 NMRA. For form on agreement to pay the fine and court costs, see Rule 9-605 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law § 525 et seq. 24 C.J.S. Criminal Law § 1458 et seq.