Rule 5-801. Correction or reduction of sentence.

A. Correction of sentence for clear error. A court may correct an illegal sentence at any time under Rule 5-802 NMRA and may correct a sentence imposed in an illegal manner within thirty (30) days after a sentence is imposed. If the corrected sentence results in more onerous sentencing terms, the court shall hold a hearing with the parties and defendant to discuss the effects of the correction. B. Reduction of sentence. A motion to reduce a sentence may be filed within ninety (90) days of any of the following: (1) filing of the written judgment and sentence; (2) after receipt by the court of a mandate issued upon affirmance of the judgment or dismissal of the appeal; (3) after entry of any order or judgment of the appellate court on direct appeal denying review of, or having the effect of upholding, a judgment of conviction; or (4) after entry of a written order revoking probation. C. Effect of motion to reduce sentence on notice of appeal. A motion to reduce sentence shall serve to toll the time for filing a notice of appeal if filed within thirty (30) days of the written judgment and sentence or order revoking probation. D. Probation in lieu of incarceration permitted. Changing a sentence from a sentence of incarceration to a sentence of probation shall constitute a permissible reduction of sentence under this paragraph. E. Mandatory sentence. This rule does not apply to the death penalty or a mandatory sentence.