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State v. Sedillo11/15/2000
de the imposition of sentence. See State v. Larranaga, 77 N.M. 528, 529, 424 P.2d 804, 805 (1967); see also State v. Castillo, 105 N.M. 623, 624, 735 P.2d 540, 541 (Ct. App. 1987) (holding that a guilty plea, even though not reduced to a written judgment and sentence, could be used to enhance a subsequent offense). Thus, there does not need to be a filed and stamped judgment and sentence. The trial court stated that he had served in the metropolitan court with Judge Barnhart and was familiar with the notations of the court. He determined that the notations indicated that Defendant pleaded guilty. Furthermore, the notations on the complaint read that the Defendant pleaded guilty to a first DWI and the signature appears to be that of Judge Barnhart. The certified computer printout from the metropolitan court also notes that the Defendant pleaded and was judged guilty of DWI, first offense. The evidence therefore indicates an adjudication of guilt resulting in a conviction as defined by Section 66-8-102(M)(2).
CONCLUSION
Three court-certified documents all indicating that Defendant pleaded guilty and was convicted of a first DWI offense before Judge Barnhart on November 10, 1987, permitted the trial court as fact finder to determine it more probable than not that Defendant was convicted of that offense. For the reasons stated above, we conclude that the trial court could have found, by a preponderance of the evidence, that Defendant was convicted of DWI (first offense) on November 10, 1987. We affirm the conviction and sentence imposed by the trial court.
IT IS SO ORDERED.
LYNN PICKARD, Chief Judge
WE CONCUR:
M. CHRISTINA ARMIJO, Judge
JONATHAN B. SUTIN, Judge
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