No person indicted or charged by information or complaint of any crime shall be sentenced therefor, unless he has been legally convicted of the crime in a court having competent jurisdiction of the cause and of the person. No person shall be convicted of a crime unless found guilty by the verdict of the jury, accepted and recorded by the court; or upon the defendant's confession of guilt or a plea of nolo contendere, accepted and recorded in open court; or after trial to the court without jury and the finding by the court that such defendant is guilty of the crime for which he is charged.
§ 30-1-11 NMSA 1978
Criminal sentence permitted only upon conviction
Known as the Criminal Code
The act spans §§ 30–30 (18 sections).
Applied in 2 court decisions — leading case Howard v. Dickerson (1994)
Most recently applied in 339 F. App'x 862 - Miller v. Arbogast (July 2009)
1953 Comp., § 40A-1-11, enacted by Laws 1963, ch. 303, § 1-11.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.