State v. Hinojos

OPINION

GARCIA, Judge.

{1} Defendant appeals from a nunc pro tunc order filed by the district court that reinstated his probation. The district court determined that Defendant neither violated the terms of his probation nor was a fugitive for purposes of probation supervision. It nonetheless tolled Defendant’s term of probation during the period of time that Defendant was released to another jurisdiction and then incarcerated outside of the State of New Mexico. Since Defendant’s probation was improperly tolled, resulting in Defendant not being credited for time served on probation, we conclude…