N.M. R. Crim. P. Metro. Ct. 7-801
The metropolitan court may modify but shall not increase a sentence or fine at any time during the maximum period for which incarceration could have been imposed. No sentence shall be modified without prior notification to all parties and a hearing thereon. No sentence shall be modified while the appeal is pending. Changing a sentence from incarceration to probation constitutes a permissible reduction of sentence under this rule. No judgment of conviction shall be changed. No fine paid shall be ordered returned.
N.M. R. Crim. P. Metro. Ct. 7-801
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.
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 § 580 et seq. 24 C.J.S. Criminal Law § 1610 et seq.