New Mexico Forms Library

9-603A. Order of dismissal on completion of deferred sentence

[For use with Magistrate Court Rule 6-701 NMRA,

Metropolitan Court Rules 7-701 NMRA and

Municipal Court Rules 8-701 NMRA]

STATE OF NEW MEXICO

[COUNTY OF ___________________]

[CITY OF _______________________]

_________________________ COURT

No. __________

[STATE OF NEW MEXICO]

[COUNTY OF ___________________] [CITY OF _______________________]

v.

__________________________________________, Defendant

ORDER OF DISMISSAL OF CRIMINAL CHARGE(S)
ON COMPLETION OF DEFERRED SENTENCE

This court having previously found the defendant guilty and having deferred sentencing of the defendant on the following charge(s)

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

(set forth only charges for which a deferred sentence was entered)

It being shown that Defendant has completed the total durational term of the deferred sentence without revocation so as to satisfy all criminal liability for the crime(s), dismissal of the charge(s) is required under Section 31-20-9 NMSA 1978.

IT IS THEREFORE ORDERED that the criminal charge(s) set forth above are hereby dismissed with prejudice.

Date: ____________________                 _____________________________________

Judge

I, _____________________, certify that I caused a copy of this order dismissing the criminal charge(s) to be served on Defendant and the parties and attorney(s) of record listed below.

___________________________

Person making service

___________________________

Title

(1) _________________________________

(Name of Defendant)

____________________________________

(Address)

(2) _________________________________

(Attorney of record name)

____________________________________

(Address)

(3) _________________________________

(Officer/Prosecutor name)

____________________________________

(Address)

USE NOTES

1.   This form may be used to dismiss misdemeanor and petty misdemeanor charges on a defendant’s completion of the total durational term of a deferred sentence without revocation.

[Adopted, effective September 1, 1989; as amended by Supreme Court Order No. 21-8300-026, effective for all cases pending or filed on or after December 31, 2021.]