Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,472 documents
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STATE V. GALLEGOS
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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
JONATHAN GALLEGOS,
Defendant-Appellant.
No. 31,903
COURT OF APPEALS OF NEW MEXICO
June 7, 2012
APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY,
William C. Birdsall, District Judge
COUNSEL
Gary K. King, Attorney General, Santa Fe, NM, for Appellee
Jacqueline L. Cooper, Chief Public Defender, J.K. Theodosia Johnson, Assistant Appellate Defender, Santa Fe, NM, for Appellant
JUDGES
MICHAEL E. VIGIL, Judge. WE CONCUR: RODERICK T. KENNEDY, Judge, J. MILES HANISEE, Judge
MEMORANDUM OPINION
VIGIL, Judge.
Gallegos appeals an order denying his motion to withdraw his plea. In our notice of proposed summary disposition, we proposed to dismiss Gallegos’s appeal, since Gallegos’s notice of appeal was filed late. Gallegos has filed a memorandum in opposition, which we have duly considered. As we are not persuaded by his arguments, we dismiss this appeal for the reasons stated in our notice of proposed summary disposition. To the degree that Gallegos may have a claim of ineffective assistance of counsel based on either (1) his new counsel’s failure to timely file the notice of appeal or (2) his prior counsel’s representation of him in entering the plea, our dismissal of this appeal does not prevent him from seeking to present evidence in support of those arguments in a post-conviction proceeding.
IT IS SO ORDERED.
MICHAEL E. VIGIL, Judge
WE CONCUR:
RODERICK T. KENNEDY, Judge
J. MILES HANISEE, Judge