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 of thirty-five counts of criminal sexual contact of a minor, twelve counts of criminal sexual penetration of a minor, and two counts of bribery or intimidation of a witness. Following his conviction, the Defendant filed a motion to amend his judgment and sentence, which led to a hearing, but it does not appear that his sentence was amended as a result. The Defendant then filed an appeal challenging his original convictions as memorialized in the 2008 judgment and sentence (para 1).

Procedural History

• State v. Gipson, 2009-NMCA-053, ¶ 1, 146 N.M. 202, 207 P.3d 1179: The Court of Appeals affirmed the Defendant's convictions in 2009.

Parties' Submissions

• Defendant-Appellant: Argued that the present appeal was taken within thirty days of the last action in his case regarding the judgment and sentence, specifically referring to the district court's hearing on his motion to correct his judgment and sentence (para 2).
• Plaintiff-Appellee: [Not applicable or not found]

Legal Issues

• Whether the Defendant's appeal, filed on March 20, 2015, is timely based on the actions taken during the district court's hearing on his motion to correct his judgment and sentence.

Disposition

• The appeal was dismissed as untimely filed (para 4).

Reasons

• The panel, consisting of Judges M. Monica Zamora, Michael E. Vigil, and J. Miles Hanisee, concluded that the Defendant's appeal was untimely. They noted that the Defendant was not appealing any specific action from the hearing on his motion to correct his judgment and sentence. Furthermore, they determined that the judgment and sentence were final when originally entered in 2008, and since the Defendant had already pursued an appeal which was heard and affirmed by the Court, the current appeal filed in 2015 was considered untimely (paras 2-4).