Exercise 26
Tutorial on the crimes of stalking and harassment for New Mexico judges
Following a conviction for harassment, the magistrate judge sentences the defendant to jail for 364 days in the county detention center and a fine of $1,100, suspending both of them. Counsel for the defendant and the prosecutor both raise objections to the sentence.
Which of the following are correct arguments for both the defense and the prosecution to make against the sentence?
- A. For the prosecution: The fine is excessive and the sentence lacks an order of probation for the defendant. For the defense: The sentence is invalid due to it including both a jail sentence and a fine.
- Answer A is incorrect. The prosecution's argument is correct that the maximum fine for misdemeanors is not to exceed $1,000, under §31-19-1(A). Regarding the prosecution's probation argument, under §31-19-1(C) when a misdemeanor sentence is suspended or deferred the judge is to order supervised or unsupervised probation for all or some of the period of suspension or deferment. However, the defense argument is incorrect in that §31-19-1(A) allows for both a jail sentence and a fine. Please select another answer.
- B. For the prosecution: The fine is excessive and the sentence lacks an order of probation for the defendant. For the defense: The fine is excessive.
- Answer B is correct! The prosecution's and defense's argument on the fine is correct since the maximum fine for misdemeanors is not to exceed $1,000. The prosecution's argument on the lack of a probation period is correct given that under §31-19-1(C) when a misdemeanor sentence is suspended or deferred the judge is to order supervised or unsupervised probation for all or some of the period of suspension or deferment.
- C. For the prosecution: The sentence lacks an order of probation for the defendant. For the defense: The fine is excessive.
- Answer C is incorrect. The prosecution's argument on the lack of a probation period is correct since under §31-19-1(C) when a misdemeanor sentence is suspended or deferred, the judge is to order supervised or unsupervised probation for all or some of the period of suspension or deferment. However, the prosecution, like defense counsel, should have brought to the court's attention the improper fine in excess of the $1,000 limit set forth in §31-19-1(A). Please select another answer.