State v. Diaz

OPINION

RIORDAN, Justice.

Defendant Rudolfo Diaz (Diaz), was sentenced to eighteen months after he pled guilty to distribution of marijuana in violation of NMSA 1978, Subsection 30-31-22(A)(1)(a) (Repl.Pamp.1980). On appeal to the Court of Appeals, Diaz alleged that the trial court was precluded from entering a written judgment and sentence because previously, the trial court had orally stated that the sentence would be suspended. The Court of Appeals agreed with Diaz and remanded the case for imposition of the orally imposed sentence. We reverse the Court of Appeals and affirm the trial court.

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