State v. Griffin

OPINION

WOOD, Judge.

NMSA 1978, § 31-17-1 (Repl.Pamp. 1981), which deals with victim restitution “makes restitution mandatory when a sentence is deferred or suspended; the court has no discretion.” State v. Ennis, 99 N.M. 117, 654 P.2d 570 (Ct.App.1982), and cases therein cited. In this case, the trial court deferred sentence but refused to require defendant to make restitution. Claiming a disposition contrary to law in a criminal proceeding, the State appeals. See State v. Davis, 97 N.M. 745, 643 P.2d 614 (Ct.App.1982), and cases therein cited. We (1) state the background and discuss the…