State v. Herbstman

OPINION

PICKARD, J.

{1} The State appeals from the trial court’s amended order of conditional discharge accepting Defendant’s guilty ple'a and placing him on probation without entering an adjudication of guilt pursuant to NMSA 1978, § 31-20-13 (1994) (conditional discharge statute). The State raises two issues on appeal: (1) whether the trial court erred in modifying Defendant’s sentence to a conditional discharge after having already entered a deferred sentence and (2) whether the trial court erred in failing to require Defendant to register as a sex offender pursuant to the Sex Offender…