N.M. R. Crim. P. Magist. Ct. 6-701
A final order shall be entered in a case. If the defendant is found guilty, a judgment of guilty shall be rendered if6 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 6-209 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. Magist. Ct. 6-701
ANNOTATIONS The 2011 amendment, approved by Supreme Court Order No. 11-8300-013, 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 magistrate courts on and after October 1, 1992, in Paragraph A, substituted "the defendant has" for "he has" in the second sentence and added the fourth sentence; and deleted Paragraph C, relating to fine receipts.
For form on judgment and sentence, see Rule 9-601 NMRA. For form on final order on criminal complaint, see Rule 9-603 NMRA. For form on agreement to pay the fine and court costs, see Rule 9-605 NMRA. Magistrate court not required to expressly reserve jurisdiction. - There is nothing in these rules or in the supreme court approved forms for the magistrate courts which requires a magistrate court to expressly reserve jurisdiction. Cowan v. Davis, 1981-NMSC-054, 96 N.M. 69, 628 P.2d 314 (1981). Effect of failure to obtain timely trial date. - Failure to comply with the six-month rule for obtaining a trial date under Paragraph B of Rule 6-702 NMRA, absent an extension, requires a dismissal of the appeal and remand to the magistrate court for enforcement of its judgment. State v. Hrabak, 1983-NMCA-100, 100 N.M. 303, 669 P.2d 1098. Court at fault for not setting timely hearing on appeal. - If the district court is at fault in not setting an appeal for hearing within six months, it does not err in denying the state's motion to dismiss the appeal and it has jurisdiction to dismiss the complaint with prejudice. State v. Hrabak, 1983-NMCA-100, 100 N.M. 303, 669 P.2d 1098. Court has power to impose conditions on deferred or suspended sentences. 1979 Op. Att'y Gen. No. 79-18. Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 525 to 534. Propriety and prejudicial effect of trial court's inquiry as to numerical division of jury, 77 A.L.R.3d 769. 24 C.J.S. Criminal Law § 1458 et seq.