It cannot be appealed from and is subject to change until reduced to writing and filed with the clerk.State v. Diaz, 673 P.2d 501, 502 (N.M. 1983). As discussed above, the state district judge made and retracted the initial sentence of two-and-a-half years after Knotts signed the Plea Agreement. The sentence was not part of the Plea Agreement, and therefore raises a question of state law: namely, was the sentence lawfully imposed? The state district judge's oral pronouncement on June 4, 2012, did not constitute a final judgment and could be changed at any time before the entry of written judgment.

Under New Mexico law, an "oral pronouncement is not a final judgment and is subject to change until reduced to writing." State v. Rushing, 103 N.M. 333, 334, 706 P.2d 875, 876 (N.M.App.) (citing State v. Diaz, 100 N.M. 524, 673 P.2d 501 (1983), cert. denied, 469 U.S. 1016 (1984)), cert. denied, 103 N.M. 344, 707 P.2d 552 (1985). Between the hearing and entry of judgment, however, Salazar's attorney filed a "Motion To Reconsider Sentence" on August 2, 1999, citing N.M. Stat. Ann. § 39-1-1 as the basis for jurisdiction. Salazar I (Record Proper at 166a).

C. Defendant's Remaining Argument {15} Citing State v. Diaz , 1983-NMSC-090, ¶ 4, 100 N.M. 524, 673 P.2d 501, Defendant also contends that the district court lacked authority to amend the sentence because he had an "expectation of finality" in the original sentence and the district court amended it after he had served two years of it. Diaz does not help Defendant's cause. While it holds that an oral ruling, including an oral pronouncement of sentence, is not a final judgment and can be changed at any time before entry of final judgment, id. ¶ 6, it does not address at all, much less hold, that a clerical error in a final judgment cannot be corrected pursuant to Rule 5-113(B).