A. Where the defendant has been convicted of a crime constituting a misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for a definite term less than one year or to the payment of a fine of not more than one thousand dollars ($1,000) or to both such imprisonment and fine in the discretion of the judge.

B. Where the defendant has been convicted of a crime constituting a petty misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for a definite term not to exceed six months or to the payment of a fine of not more than five hundred dollars ($500) or to both such imprisonment and fine in the discretion of the judge.

C. When the court has deferred or suspended sentence, it shall order the defendant placed on supervised or unsupervised probation for all or some portion of the period of deferment or suspension.

History: 1953 Comp., § 40A-29-4, enacted by Laws 1963, ch. 303, § 29-4; and recompiled as 1953 Comp., § 40A-29-35, by Laws 1977, ch. 216, § 16; 1981, ch. 18, § 1; 1984, ch. 106, § 1.

Cross references. — For misdemeanor penalty under Motor Vehicle Code, see 66-8-7 NMSA 1978.

Section was not applicable where defendant violated former 64-10-1, 1953 Comp., which was not a Criminal Code misdemeanor. State v. Sawyers, 1968-NMCA-051, 79 N.M. 557, 445 P.2d 978.

Special statute controlling. — Section 30-1-6 NMSA 1978 and this section refer generally to the sentence for misdemeanors; former 64-10-1, 1953 Comp., provided a specific sentence for that misdemeanor. If the general statute, standing alone, would include the same matter as the special statute and thus conflict with the special statute, the special statute controls, since it is considered an exception to the general statute. State v. Sawyers, 1968-NMCA-051, 79 N.M. 557, 445 P.2d 978.

Prosecution for violation of 25-3-15 NMSA 1978 regulation of meat inspection board. — In a prosecution for violation of Section 25-3-15 NMSA 1978, declaring slaughter without inspection and sale of uninspected meat to be misdemeanors, and Section 77-2-22 NMSA 1978, declaring violation of a regulation of the meat inspection board to be a petty misdemeanor, the trial court's sentencing authority for the offense is this section. State v. Pina, 1977-NMCA-020, 90 N.M. 181, 561 P.2d 43.

Confinement for more than one year in custody of corrections department. — Defendant whose continuous sentence was for more than one year was properly sentenced to the custody of the corrections department rather than the county jail, as the place of confinement, under Sections 31-20-2A and 33-2-39 NMSA 1978, depends on the length of confinement. State v. Musgrave, 1984-NMCA-127, 102 N.M. 148, 692 P.2d 534.

Maximum period of probation. — The maximum period of probation that may be assessed in misdemeanor or petty misdemeanor cases is the maximum allowable period of incarceration for that crime, irrespective of whether a defendant is sentenced in district court or in a lower tribunal. State v. Candelaria, 1991-NMCA-107, 113 N.M. 288, 825 P.2d 221.

Place of confinement is county jail. — The place of confinement for misdemeanors under the Criminal Code is the county jail under this section. State v. Sawyers, 1968-NMCA-051, 79 N.M. 557, 445 P.2d 978.

Specific sentence held lawful. — A sentence of 364 days in a county detention center, suspended with the exception of eighteen days to be served on the defendant's days off from work or on weekends, with the remainder of the sentence to be served on unsupervised probation, is in accord with this section and is therefore appropriate and legal. State v. Orquiz, 2003-NMCA-089, 134 N.M. 157, 74 P.3d 91.

Jury trial in misdemeanor cases. — Those misdemeanors triable in district court do not provide for a trial by jury unless such crime was of the type which enjoyed and permitted trial by jury at the time of the adoption of N.M. Const., art. II, § 12. 1964 Op. Att'y Gen. No. 64-37.

Magistrate court may order restitution. — The magistrate court may, as part of its sentencing power, order a Criminal Code or Motor Vehicle Code violator to make restitution. 1979 Op. Att'y Gen. No. 79-18.

Law reviews. — For article, "The New Mexico Children's Code: Some Remaining Problems," see 10 N.M.L. Rev. 341 (1980).

For comment, "The Constitution is Constitutional - A Reply to The Constitutionality of Pretrial Detention Without Bail in New Mexico," see 13 N.M.L. Rev. 145 (1983).

For article, "Unintentional homicides caused by risk-creating conduct: Problems in distinguishing between depraved mind murder, second degree murder, involuntary manslaughter, and noncriminal homicide in New Mexico," 20 N.M.L. Rev. 55 (1990).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 21 Am. Jur. 2d Criminal Law §§ 27, 29, 825.

Admissibility of expert testimony as to appropriate punishment for convicted defendant, 47 A.L.R.4th 1069.

Appealability of order suspending imposition or execution of sentence, 51 A.L.R.4th 939.