State Plea Agreement - New Mexico

PLEA AND DISPOSITION AGREEMENT — NEW MEXICO

Form and deadline gate. Rule 5-304 requires a written agreement substantially in the Supreme Court-approved form. An agreement eliminating trial must meet the court-set deadline and may not be entered later than five days before jury selection or a bench trial, absent the written extraordinary-circumstances finding required by Rule 5-304(F).

1. PLEA AND CHARGES

Plea selected:

• ☐ Guilty.
• ☐ No contest.
• ☐ Conditional guilty plea under Rule 5-304(A)(2).
• ☐ Conditional no-contest plea under Rule 5-304(A)(2).

For a conditional plea, court approval and State consent are required. The reserved adverse pretrial ruling must be identified in writing.

Reserved ruling: [MOTION / ORDER / DATE / ISSUE]

2. RULE 5-304(A) TERMS

In exchange for the plea, the State will:

• ☐ move to dismiss charge(s) [________________________________];
• ☐ amend or reduce charge(s) [________________________________];
• ☐ recommend the sentence stated below;
• ☐ not oppose the defense request stated below;
• ☐ agree to a guaranteed, specific sentence stated below;
• ☐ do both charge and sentencing terms;
• ☐ other lawful term: [________________________________].

A judge who presides over any phase of the criminal proceeding may not participate in plea discussions. Only a separately assigned judge or judge pro tempore may participate as Rule 5-304(A)(1) permits.

3. CLASSIFY THE SENTENCING TERM

• ☐ Guaranteed, specific sentence. If the court accepts this agreement, the judgment and sentence will embody the agreed disposition under Rule 5-304(C).
• ☐ Recommendation only. The State recommends [________________________________].
• ☐ Non-opposition only. The State will not oppose [________________________________].
• ☐ Mixed terms. Guaranteed items: [________________________________]. Nonbinding items: [________________________________].

For a recommendation or non-opposition agreement, the court must inform the defendant that the position is not binding and may impose a different lawful disposition.

4. DISCLOSURE AND COURT ACTION

• ☐ Agreement reduced to writing in approved form.
• ☐ Agreement disclosed in open court when plea offered.
• ☐ Rule 5-303(F) advice completed.
• ☐ Court accepts agreement.
• ☐ Court rejects agreement.
• ☐ Court defers acceptance decision pending presentence report.
• ☐ Agreement submitted by deadline.
• ☐ Untimely request supported by written extraordinary-circumstances finding.

If the court rejects an agreement, Rule 5-304(D) requires the warnings and opportunity to withdraw stated there. Rejection of a nonbinding sentencing recommendation does not itself trigger that withdrawal procedure when the plea otherwise is accepted.

5. FACTUAL BASIS

State's factual presentation:

[____________________________________________________________]

[____________________________________________________________]

Defendant's response / acknowledgment:

[____________________________________________________________]

Rule 5-304(H) directs the court not to enter judgment on a guilty plea without inquiry sufficient to establish a factual basis.

6. RIGHTS AND CONSEQUENCES

The defendant and counsel have reviewed the advice required by Rule 5-303(F), including the charges, punishment, plea consequences, rights surrendered, and all case-specific mandatory consequences.

• ☐ Immigration advice completed.
• ☐ Restitution exposure reviewed.
• ☐ Habitual / enhancement exposure reviewed.
• ☐ Registration or supervision consequences reviewed.
• ☐ Conditional-plea scope reviewed, if applicable.

This agreement creates no blanket appeal or collateral-review waiver. Any case-specific waiver must be stated precisely and reviewed for legality.

7. CONDITIONS BEFORE SENTENCING

• ☐ appear as ordered;
• ☐ complete presentence process;
• ☐ obey release and no-contact orders;
• ☐ complete cooperation addendum;
• ☐ other: [________________________________].

Any alleged breach must be resolved by lawful procedure. This agreement contains no private-contract cure period, fee shifting, indemnity, force majeure, or automatic admission.

8. PLEA-DISCUSSION EVIDENCE

Rule 5-304(G) governs inadmissibility of withdrawn guilty pleas, no-contest pleas, offers to plead, and connected statements. Do not add a broader waiver than current law and the approved form permit.

9. COMPLETE AGREEMENT

The complete resolution consists of the Supreme Court-approved form, this writing, the following addenda, and the terms disclosed in open court:

[____________________________________________________________]

No undisclosed promise is part of the plea.

10. SIGNATURES

Defendant

Signature: ______________________________ Date: [__/__/____]

Printed name: [________________________________]

Defense counsel

Signature: ______________________________ Date: [__/__/____]

Name / Bar No.: [________________________________]

Prosecutor

Signature: ______________________________ Date: [__/__/____]

Name / Bar No.: [________________________________]

11. COURT-USE RECORD

• ☐ Rule 5-303(F) advice completed
• ☐ Agreement disclosed in open court
• ☐ Guaranteed / nonbinding terms correctly classified
• ☐ Factual basis found
• ☐ Plea accepted
• ☐ Agreement accepted / rejected / deferred
• ☐ Conditional plea approved, if applicable
• ☐ Other: [________________________________]

Judge: ______________________________ Date: [__/__/____]

Sources and References

• New Mexico Supreme Court-approved Rule 5-304 NMRA (effective Dec. 31, 2024)
• New Mexico Public Access Law / NMOneSource