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, acting pro se, appealed the district court's denial of his motion for reconsideration of sentence. The appeal was dismissed due to the Defendant's notice of appeal being filed one day late.

Procedural History

• District Court of Doña Ana County: Denied Defendant's motion for reconsideration of sentence.

Parties' Submissions

• Plaintiff-Appellee (State of New Mexico): [Not applicable or not found]
• Defendant-Appellant (Cipriano Botello): Filed a memorandum in opposition to the notice of proposed summary disposition, arguing against the dismissal of his appeal.

Legal Issues

• Whether the Defendant's appeal should be dismissed for being filed one day late.

Disposition

• The appeal was dismissed due to the late filing of the notice of appeal.

Reasons

• Cynthia A. Fry, Judge (James J. Wechsler, Judge and Timothy L. Garcia, Judge concurring): The Court found that the Defendant's notice of appeal was filed one day late, failing to meet the mandatory precondition for the Court's exercise of jurisdiction as required by Rule 12-201(A)(2) NMRA and established precedent in Trujillo v. Serrano. The Defendant did not present any unusual circumstances that would justify overlooking the late filing.