State v. Diaz

10 Citing cases

  1. State v. Vaughn

    137 N.M. 674 (N.M. Ct. App. 2005)   Cited 37 times
    Holding that a defendant cannot claim double jeopardy protection from retrial where the defendant sought the ruling that terminated the first trial

    The general rule in New Mexico is that an oral ruling by a trial court is not final and, with only limited exceptions, it is not binding. State v. Diaz, 100 N.M. 524, 525, 673 P.2d 501, 502 (1983) ("It is well established that an oral ruling by the trial court is not a final judgment, and that the trial court can change such ruling at any time before the entry of written judgment."). There are limited exceptions to this general rule, such as for oral declarations of mistrial, State v. Reyes-Arreola, 1999-NMCA-086, ΒΆ 10, 127 N.M. 528, 984 P.2d 775, and the oral granting of a new trial, State v. Ratchford, 115 N.M. 567, 570-71, 855 P.2d 556, 559-60 (1993).

  2. Knotts v. Sanchez

    CV 14-239 JCH/WPL (D.N.M. Jan. 8, 2015)

    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.

  3. State v. Lane

    288 Mont. 286 (Mont. 1998)   Cited 64 times
    Holding that when there is a conflict between an orally pronounced sentence and its written manifestation, the oral pronouncement controls

    We relied on and quoted from a New Mexico case that held "[i]t is well established that an oral ruling by the trial court is not a final judgment, and that the trial court can change such ruling at any time before the entry of written judgment." Enfinger, 222 Mont. at 444, 722 P.2d at 1174 (quoting State v. Diaz (1983), 100 N.M. 524, 673 P.2d 501, 502, cert. denied (1984), 469 U.S. 1016, 105 S.Ct. 429, 83 L.Ed.2d 356). ΒΆ 25 In State v. Wirtala (1988), 231 Mont. 264, 752 P.2d 177, we relied on Enfinger and held that "[t]he oral sentence first pronounced by the District Court did not constitute a final judgment.

  4. Salaz v. Snedeker

    CIV 04-127 WJ/KBM (D.N.M. Oct. 25, 2004)

    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). As of December 1, 2000, Judge Mark Maracon was assigned both of the cases.

  5. State v. Graveley

    275 Mont. 519 (Mont. 1996)   Cited 11 times

    In Enfinger, this Court relied on and quoted from a New Mexico case that held "[i]t is well established that an oral ruling by the trial court is not a final judgment, and that the trial court can change such ruling at any time before the entry of written judgment." Enfinger, 722 P.2d at 1174 (quoting State v. Diaz (N.M. 1983), 673 P.2d 501, 502, cert. denied, 469 U.S. 1016, 105 S.Ct. 429, 83 L.Ed.2d 356). Montana is the only state that has cited Diaz.

  6. State v. Mason

    253 Mont. 419 (Mont. 1992)   Cited 6 times
    Holding that defendant was not placed in double jeopardy when he was later returned to the courtroom on the same day for the trial court to amend its oral pronouncement and designate him as a dangerous offender because the oral judgment was not a final, valid judgment

    "It is well established that an oral ruling by the trial court is not a final judgment, and that the trial court can change such ruling at any time before the entry of written judgment." Enfinger, 722 P.2d at 1174 (quoting State v. Diaz (N.M. 1983), 673 P.2d 501, 502). The oral sentence pronounced by the District Court was not a final or valid judgment.

  7. State v. Clayton

    No. A-1-CA-39231 (N.M. Ct. App. Nov. 8, 2022)

    {ΒΆ8} We first note that the general rule in New Mexico is that an oral ruling by a trial court is not final and, with only limited exceptions, it is not binding. See State v. Diaz, 1983-NMSC-090, ΒΆ 4, 100 N.M. 524, 673 P.2d 501 ("It is well established that an oral ruling by the trial court is not a final judgment, and that the trial court can change such ruling at any time before the entry of written judgment."); State v. Rushing, 1985-NMCA-091, ΒΆ 6, 103 N.M. 333, 706 P.2d 875 ("An oral pronouncement is not a final judgment and is subject to change until reduced to writing."). In this case, the tape logs reflect that the district court made an oral ruling indicating an intention to reduce Defendant's sentence, but the record is not clear as to why that did not happen. Defendant asserts that it is because trial counsel failed to timely submit a written order

  8. State v. Knotts

    No. 32,305 (N.M. Ct. App. Feb. 27, 2013)   Cited 2 times
    Affirming a written judgment imposing consecutive sentences despite a previous oral sentence imposing concurrent sentences

    This Court's calendar notice proposed to affirm on grounds that Defendant had effective assistance of counsel; the sentence imposed was not illegal because the plea agreement provided for the maximum allowable sentence for each charge; the plea agreement was entered into knowingly and voluntarily after a lengthy discussion with trial counsel of the consequences of his plea; and the sentence was legal because the trial court's indication that it was merely considering running the sentences concurrently was not a final judgment. See State v. Diaz, 100 N.M. 524, 525, 673 P.2d 501, 502 (1983) ("It is well established that an oral ruling by the trial court is not a final judgment[] and that the trial court can change such ruling at any time before the entry of written judgment."). Defendant filed a memorandum in opposition to the proposed disposition and also moved to amend the docketing statement.

  9. State v. Brown

    135 N.M. 291 (N.M. Ct. App. 2004)   Cited 3 times
    In State v. Brown, 135 N.M. 291, 87 P.3d 1073, 1086 (Ct.App. 2004) (Vigil, J., dissenting), addressing an issue much like that which this Court is confronting, Judge Vigil advanced, as one ground for his dissent, the strong policy of New Mexico to encourage pro bono services.

    State v. House, 2001-NMCA-011, ΒΆ 10, 130 N.M. 418, 25 P.3d 257. In contrast, while a matter is pending before the district court, a district court may change its mind at any time prior to entry of the final ruling. State v. Diaz, 100 N.M. 524, 525, 673 P.2d 501, 502 (1983); State v. Doe, 99 N.M. 460, 463, 659 P.2d 912, 915 (Ct.App. 1983). Thus, the fact that the trial court initially entered a stipulated order allowing Brown access to "all services" did not preclude it from reversing that ruling upon full briefing and argument when the matter was later contested.

  10. State v. Watchman

    111 N.M. 727 (N.M. Ct. App. 1991)   Cited 12 times
    Explaining that whether to order a diagnostic commitment is within the trial court's discretion

    Any question regarding the court's intention on this issue was resolved by the court's written judgment. State v. Diaz, 100 N.M. 524, 673 P.2d 501 (1983) (oral pronouncement of sentence is not a final judgment; in reviewing sentence appellate court guided by written judgment), cert. denied, 469 U.S. 1016, 105 S.Ct. 429, 83 L.Ed.2d 356 (1984). See also State v. Bernal, 106 N.M. 117, 739 P.2d 986 (Ct.App. 1987) (oral statement of court contained in record indicating reasons for alteration of basic sentence may suffice to permit meaningful appellate review); State v. Muzio, 105 N.M. 352, 355, 732 P.2d 879, 882 (Ct.App. 1987) (written order or judgment signed by the court is legally effective to implement the court's ruling).