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 was convicted in 1996 for first-degree murder, aggravated battery, aggravated assault, and shooting at a dwelling or occupied building. He appeals pro se, requesting a review of all testimony and witness statements to reverse his conviction.

Procedural History

• District Court of Chaves County, October 10, 1996: Defendant was convicted for first-degree murder, aggravated battery, aggravated assault, and shooting at a dwelling or occupied building.
• District Court of Chaves County, August 21, 2000: An order denying Defendant’s motions was filed.
• Court of Appeals of New Mexico, August 10, 2012: Current appeal dismissed due to untimely notice of appeal.

Parties' Submissions

• Defendant-Appellant: Argues for the reversal of his conviction, citing numerous legal authorities in support of his position.
• Plaintiff-Appellee: [Not applicable or not found]

Legal Issues

• Whether the Defendant's notice of appeal was timely filed.
• Whether the Defendant's appeal should be treated as a habeas matter and transferred to the Supreme Court.
• Whether the Court of Appeals has jurisdiction over an appeal involving a first-degree murder conviction with a life sentence.

Disposition

• The appeal is dismissed due to the untimely filing of the notice of appeal and the lack of jurisdiction over an appeal involving a life sentence.

Reasons

• Per Roderick T. Kennedy, J. (Celia Foy Castillo, Chief Judge, and James J. Wechsler, Judge, concurring):
  The Court dismissed the appeal primarily because the Defendant filed the notice of appeal significantly late, beyond the thirty-day requirement after the judgment and sentence. The Court also declined to treat the appeal as a habeas matter due to no indication of appealing from the denial of habeas relief below. Additionally, the Court noted that it lacked jurisdiction over the appeal because it involved a first-degree murder conviction with a life sentence, which should have been directed to the Supreme Court.