(Download) "State v. Sinyard" by New Mexico Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: State v. Sinyard
- Author : New Mexico Court of Appeals
- Release Date : January 20, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Convicted of larceny over $100.00, contrary to NMSA 1978, § 30-16-1 (Cum. Supp.1983), defendant appeals contending that after his sentence was partially suspended the trial court could not impose probation. Although not raised below or in the docketing statement his claim that the sentence is unauthorized by statute is jurisdictional and may be raised for the first time on appeal. NMSA 1978, Crim., Child.Ct., Dom. Rel. & W/C App.R. 308 (Repl. Pamp.1983); see State v. McNeece, 82 N.M. 345, 481 P.2d 707 (Ct. App.1971). We hold that the trial court could properly impose probation and affirm.