Form 9-601. Judgment and sentence (Commitment or probation).

[For use with Rules 6-701, 6-702, 7-701, 7-702, 8-701, and 8-702 NMRA] STATE OF NEW MEXICO [COUNTY OF ___________________] [CITY OF _______________________] __________________ COURT No. __________ [STATE OF NEW MEXICO] [COUNTY OF ___________________] [CITY OF _______________________] v. __________________________________________, Defendant JUDGMENT AND SENTENCE (COMMITMENT OR PROBATION)1 On this ________ day of __________________, ________, the defendant appeared in person and was represented by attorney __________________, (set forth name of attorney). __________________ (name of officer or prosecutor) appeared on behalf of the (state) (city). (Complete one of the following) 1. PLEA (Plea of not guilty) The defendant having entered a plea of NOT GUILTY and the (court) (jury)2 finding the defendant GUILTY of the following charge(s) ______________________________________________________________________ ______________________________________________________________________ (Plea of guilty) The defendant having entered a plea of: [ ] guilty, the court so finds the defendant guilty of the following charges: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ [ ] no contest, the court accepts the plea as an admission of guilt for the purposes of this action only, of the following charges: _____________________________________ ______________________________________________________________________ ______________________________________________________________________ 2. FINDINGS OF THE COURT DWI CASES (complete if applicable) THE COURT FINDS: This conviction is the defendant's [ ] first [ ] second [ ] third [ ] fourth or more conviction for driving while under the influence. 3. JUDGMENT OF COURT IT IS ADJUDGED that the defendant is guilty of (such) (the following) charges and convicted. (If the defendant has been found not guilty of one or more charges, set forth crimes defendant has committed) ______________________________________________________________________ ______________________________________________________________________ IT IS ADJUDGED that the defendant is not guilty of the following charges: ________ ______________________________________________________________________ IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that: (check and complete only applicable boxes) [ ] the defendant be committed to the (county) (city) (jail) (detention center) __________________ (specify any other place) for ______________ days with ________ days suspended for a jail term of ______________ days for the crime of __________________; for ______________ days with ________ days suspended for a jail term of ______________ days for the crime of ________; such sentences to run (consecutively) (concurrently). [ ] Work release is (authorized) (not authorized). [ ] Work release to be served on weekends. [ ] The defendant is ordered to report to __________________________________ by no later than ____________ (a.m.) (p.m.) the ________ day of ________________, ________. [ ] The defendant shall pay to the (magistrate) (metropolitan) (municipal) court the following fine(s): $ _____________ for __________________ $ _____________ for __________________ [ ] The defendant shall pay to the (magistrate) (metropolitan) (municipal) court the following costs and fees: (complete applicable costs and fees)3 court costs $ ____________ screening & treatment costs $ ____________ other ______________________ $ ____________ Total fees and costs $ ____________ (complete applicable parts of the following if the sentence is to be deferred or suspended) [ ] The above sentence is hereby: [ ] deferred [ ] suspended on the following terms and conditions: [ ] (supervised) (unsupervised) probation for ____________ days with the following special conditions: [ ] the defendant will enter and participate in: [ ] an (alcohol) (drug) treatment program [ ] (alcohol) (drug) screening and complete counseling or other treatment as required by the screening program [ ] a first offender program [ ] driver improvement school [ ] petty larceny school [ ] _________________________________________________ (other) [ ] the defendant performs _____ (hours) (days) of community service as follows: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ [ ] the defendant makes restitution to (set forth name of person or entity) ________________________________________________________________ ________________________________________________________________ in the amount of $ ______________ on or before the ________ day of ____________, __________. [ ] defendant pays all court costs and fees including: DWI school fee; alcohol evaluation screen fees; and counseling fees; [ ] IT IS FURTHER ORDERED THAT the defendant's cash bond is to be: [ ] returned to defendant [ ] applied to the payment of court costs, court fees, and fines [ ] IT IS FURTHER ORDERED (other) ___________________________________ ________________________________________________________________ [ ] THE DEFENDANT IS ORDERED TO REPORT TO [ ] Probation services [ ] Educational services [ ] (specify other) _______________________________________________ on or before ____________ (a.m.) (p.m.) the ________ day of ______________, __________. (complete if applicable) [ ] COMMITMENT. THE DEFENDANT IS HEREBY COMMITTED to the custody of the (county) (city) in ________________________ (set forth place of detention) for imprisonment for a period of __________________ (days) (months), subject to credit for time spent in confinement while awaiting the outcome of these proceedings. IT IS ORDERED that a copy of this judgment and commitment be delivered to an authorized full-time salaried law enforcement officer, and that this copy be the order of commitment of the defendant. FAILURE TO COMPLY FAILURE TO REPORT OR PAY COSTS OR FINES WILL RESULT IN A BENCH WARRANT FOR THE DEFENDANT'S ARREST. APPEAL You are hereby advised that you have the right to appeal. If the appeal is an appeal de novo, you may have a new trial in the district court by filing a notice of appeal in the district court within fifteen (15) days from the date of entry of this judgment and sentence. If the appeal is an on-record appeal, you may appeal to the Court of Appeals by filing a notice of appeal in the metropolitan court within thirty (30) days from the date of entry of this judgment and sentence. APPEAL BOND $ ______________________________. OTHER CONDITIONS OF RELEASE. If the defendant files a notice of appeal, the following additional conditions of release are hereby approved pending appeal to the district court: _____________________________________________________________________ Dated ______________________________, ____________ __________________________________ Judge