State v. Godkin

OPINION

KENNEDY, Judge.

{1} Revocation proceedings, even if they include necessary competency determinations, must be completed prior to the expiration of the defendant’s probation, else the district court’s jurisdiction expires and the defendant must be discharged. Under NMSA1978, Section 31-20-8 (1977), a criminal defendant is fully discharged from further obligation to the court, and the district court loses jurisdiction over the case, whenever the period for which the sentence was suspended expires without being revoked. This loss of jurisdiction is unaffected by a defendant’s waiver of the…