State v. Carrasco, 950 P.2d 293 (N.M. Ct. App. 1997)

Cases | State v. Carrasco, 950 P.2d 293 (N.M. Ct. App. 1997) | 2018

4. State v. Carrasco, 124 N.M. 320, 950 P.2d 293 (N.M. Ct. App. 1997) N.M. Stat. Ann. § 31-17-1 (rest)
The defendant pled guilty to the charge of making a bomb scare and was ordered to pay restitution to the Department of the Interior. The defendant appealed the restitution order and filed a motion seeking to modify the order and terms of probation. The trial court entered an order and certificate decreeing that the defendant failed to comply with the terms of probation and that she be given an unsatisfactory discharge. On appeal, the defendant claimed that the order and certificate deprived her of due process because the court failed to inquire into and determine her ability to pay restitution, and failed to provide her with notice and an opportunity to be heard on the type of discharge that should be issued. The appellate court found that the trial court lacked jurisdiction to enter the order and certificate because it was deprived of jurisdiction during pendency of the defendant’s appeal. Further, the defendant’s due process rights were violated because the trial court did not hold a hearing or make a determination regarding the defendant’s ability to pay. Finally, the court found that defendants are entitled to notice and an opportunity to be heard on the issue of whether they complied with the conditions of parole and whether they should receive a certificate of unsatisfactory discharge.