State v. Jimenez

OPINION

MINZNER, Justice.

{1} We previously issued an opinion dismissing as moot the above-entitled and numbered appeal. The State timely filed a motion for rehearing pursuant to Rule 12-404 NMRA 2004. The State’s motion is well-taken, so we withdraw our prior opinion and issue this opinion in its place. We (1) reverse the Court of Appeals’ holding that Defendant was required to preserve the issue of whether he was entitled to credit against his sentence under NMSA 1978, § 31-21-15(B) (1989) for time served on probation, see State v. Jimenez, 2003-NMCA-026, ¶ 25, 133 N.M. 349, 62 P.3d 1231; (2)…