State v. Madrigal

I dissent.

On June 8, 1972, defendant, 17 years of age, pleaded guilty to aggravated assault, a fourth degree felony. Section 40A-3-2(C), N.M.S.A.1953 (2nd Repl.Vol. 6). This was his first serious conviction. He became 18 years of age August 21, 1972.

A. Conditional statutory judgment and sentence is void.

On September 7, 1972, defendant, who had enlisted in the Army, appeared for sentencing and pleaded for a chance to better himself. Defendant’s attorney stated the female victim involved did not want to testify against defendant.

The trial court orally announced he would dismiss the, charges on…