N.M. Stat. § 31-11-4
Directions following review brought by state.
In any criminal case, if the supreme court or court of appeals affirms the judgment of
the district court upon review brought by the state, it shall direct that the defendant be
discharged; and if the judgment is reversed, it shall direct the district court to enter
judgment on the verdict rendered, or, when no judgment has been rendered, to proceed
to trial on the indictment or information.