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, ¶ 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).

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.

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). ¶ 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.

We recognize that some New Mexico precedent invokes the "well[-]established" rule that "the trial court can change [an oral sentence] at any time before the entry of written judgment." State v. Diaz , 1983-NMSC-090, ¶ 4, 100 N.M. 524, 673 P.2d 501. But cf. 6 LaFave, supra , § 26.4(d) ("Unfortunately, it is not unusual for a trial judge to announce one sentence and enter another.

Namely, under New Mexico law, a sentence does not become final until the entry of a written judgment.State v. Diaz, 1983-NMSC-090, ¶¶ 2-6, 100 N.M. 524, 673 P.2d 501 (N.M. 1983), cert. denied, 469 U.S. 1016, 105 S.Ct. 429, 83 L.Ed.2d 356 (1984).

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.

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).

See Rule 5-409(G) NMRA (requiring a written order). See also State v. Diaz , 1983-NMSC-090, ¶ 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.").[t]he State argues that no conditions of release can protect the community based on the nature of the charges.

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.

"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.