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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. No. 31,959 JOSEPH ADRIAN DIENNO 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Lisa C. Schultz, District Judge Gary K. King, Attorney General Santa Fe, NM for Appellee Jacqueline L. Cooper, Chief Public Defender Santa Fe, NM Sergio J. Viscoli, Assistant Appellate Defender Albuquerque, NM for Appellant 17 MEMORANDUM OPINION VIGIL, Judge.

1 Defendant appeals his sentence upon a probation violation. In our notice, we proposed to affirm the sentence. Defendant has timely responded. We have considered his arguments and not being persuaded, we affirm.

4 In our notice, we pointed out that the sentence Defendant was given was within the sentencing authority granted to the district court by the Legislature. A district court does not abuse its discretion in sentencing if the sentence is within that authorized by the Legislature. State v. Vasquez, 2010-NMCA-041, ¶ 41, 148 N.M. 8 202, 232 P.3d 438. Defendant does not argue that the sentence given was outside the district court’s sentencing authority. Rather, he argues that the district court should have given him the option to complete an in-patient treatment program. While that may have been an option for the district court to consider, its failure to allow Defendant such an option is not an abuse of discretion.

13 Defendant also argues that he did not understand the full impact of his original plea agreement. This is not a matter properly before this Court on appeal from a probation violation, particularly as it does not appear that he raised the issue at the time of his probation violation. Nothing prevents Defendant from raising this issue in habeas proceedings if he so chooses.

18 For the reasons stated herein and in the notice of proposed disposition, we affirm.

20 IT IS SO ORDERED.

1 _______________________________ 2 MICHAEL E. VIGIL, Judge WE CONCUR:

4 _________________________________ CELIA FOY CASTILLO, Chief Judge

6 _________________________________ LINDA M. VANZI, Judge