Ex parte Lucero

Citations

• 23 N.M. 433

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. A convict is entitled to notice and an opportunity to be heard upon the question as to whether he has violated the conditions upon which the sentence against him has been suspended, where, as in this case, the suspension, was during good behavior, which necessarily involves a question of fact. In proceedings to determine such a question,, no particular formalities need be observed, and the convict is not entitled to a jury trial, except upon the question of his identity with the person, originally sentenced, if such question is raised. P. 435</p> <p>2. A suspended sentence can be enforced after the time for which the sentence was originally imposed has expired.</p> <p>P. 434</p>