Date: 08-19-2024

Case Style:

State of New Mexico v. Jason Stalter a/k/a Jason Thomas Stalter

Case Number:

Judge: Karen L. Townsend

Court: District Court, San Juan County, New Mexico

Plaintiff's Attorney: San Juan County New Mexico District Attorney's Office

Defendant's Attorney:

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In this case, Defendant was convicted of offenses, and the district court entered a judgment and sentence on June 23, 2021. [1 RP 246]. Defendant timely appealed his convictions to this Court, and we filed an opinion affirming on March 21, 2023. [RP 313] After Defendant's petition for writ of certiorari was denied by the New Mexico Supreme Court, the mandate issued from this Court on October 6, 2023, and it was received by the district court on the same day.

Outcome: As Defendant's motion for reduction of sentence was filed before ninety days had elapsed from the district court's receipt of the mandate, the district court had jurisdiction to consider the motion, and its ruling to the contrary was error. We therefore reverse and remand this case to the district court for proceedings consistent with this opinion. See Herbstman, 1999-NMCA-014, ¶ 8 ("As long as the trial court has jurisdiction under Rule 5-801 . . . it is within the trial court's discretion whether to modify a valid sentence.").

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