AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Defendant entered a guilty plea for a probation violation and subsequently sought to dismiss the petition for probation revocation, arguing that the adjudication hearing did not commence within the prescribed time limit (para 1).

Procedural History

• APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY, Angie K. Schneider, District Judge: The Defendant appealed the denial of her motion to dismiss the petition for probation revocation.

Parties' Submissions

• Defendant-Appellant: Argued that the petition for probation revocation should be dismissed because the adjudication hearing was not commenced within the time limit prescribed by Rule 5-805 NMRA (para 1).
• Plaintiff-Appellee: [Not applicable or not found]

Legal Issues

• Whether the plea document and order committing the Defendant to jail constitutes a final order (para 2).
• Whether the Defendant waived her right to appeal by entering an unconditional plea (para 3).

Disposition

• The appeal was dismissed for lack of a final order and because the Defendant waived her right to appeal by entering an unconditional plea (paras 2-3).

Reasons

• ZAMORA, Judge (SUTIN, J., and KENNEDY, J., concurring): The court concluded that the plea document did not constitute a final order as it only referred to the Defendant's understanding of the possible sentence range, not an actual sentence imposed. A review indicated that a subsequent commitment order was entered for a diagnostic evaluation, but no final judgment and sentence were ordered, leading to the dismissal for lack of a final order (para 2). Furthermore, even if the case was considered final, the Defendant's unconditional plea waived her right to appeal. The court also noted that the district court did not lack jurisdiction to revoke the Defendant's probation as the dismissal of a probation revocation petition based on time limit violations is discretionary, not jurisdictional. Therefore, the Defendant's motion to dismiss the revocation petition could not be considered on appeal after an unconditional plea (para 3).