State v. Rushing

OPINION

ALARID, Judge.

FACTS

Defendant was convicted on August 23, 1983 of dogfighting, a fourth degree felony, in violation of NMSA 1978, Section 30-18-9 (Repl.Pamp.1984). During the sentencing hearing held November 17, 1983, defendant stated that he kept pit bulls as pets, but that he did not fight or train them for fighting. On the basis of defendant’s statements and his pre-sentence report, the trial court announced that it would defer sentencing for eighteen months and place defendant on probation, subject to certain conditions and payment of $50 fee per month for probation costs.

Before the…