N.M. Stat. » N.M. Stat. / Chapter 31 / Article 9
New Mexico Statutes

N.M. Stat. § 31-9-4 (2026)

Repealed.

✓ current as of May 2026
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History: Laws 1982, ch. 55, § 2; repealed by Laws 2010, ch. 97, § 1.

                                     ANNOTATIONS

Repeals. — Laws 2010, ch. 97, § 1 repealed 31-9-4 NMSA 1978, as enacted by Laws
1982, ch. 55, § 2, relating to the sentence upon accepted plea or verdict of guilty but
mentally ill, effective May 19, 2010. For provisions of former section, see the 2009
NMSA 1978 on NMOneSource.com.
Notes of Decisions
Cited in 5 cases, 1991–2010 · leading case: State v. Neely, 819 P.2d 249 (N.M. 1991).
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State v. Neely, 819 P.2d 249 (N.M. 1991). · cites it 10× “Section 31-9-4, pertaining to sentencing upon a finding of guilty but mentally ill, is permissive.”
State v. Neely, 876 P.2d 222 (N.M. 1994). · cites it 15× “Because Neely was found guilty but mentally ill, her sentence is subject to the provisions of Section 31-9-4: The court may impose any sentence upon a defendant which could be imposed pursuant to law upon a defendant who has been convicted of the same offense without a finding…”
Neely v. Newton, 149 F.3d 1074 (10th Cir. 1998). “The asserted purpose of the verdict, however, is to identify those defendants who will likely need treatment, not to make a clinical determination of whether the defendant’s mental condition at the time of trial necessitates treatment. By finding a defendant mentally ill, the…”
State v. Neely, 876 P.2d 222 (N.M. 1994). · cites it 19× “Because Neely was found guilty but mentally ill, her sentence is subject to the provisions of Section 31-9-4: *225 The court may impose any sentence upon a defendant which could be imposed pursuant to law upon a defendant who has been convicted of the same offense without a…”
State v. Michaelback (N.M. Ct. App. 2010). · cites it 6× “27 In the latter category, the applicable statute is [NMSA 1978, 28 Section 31-9-4 (1982).] 29 The district court attached to the order as “Exhibit A,” a transcript of the entire 30 proceeding before Judge Blackmer where Defendant entered his plea.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.