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 conditional plea and disposition agreement, pleading guilty to one count of aggravated driving under the influence (Fourth or Subsequent Offense). Sentencing was deferred while the case was referred to drug court, and no final judgment and sentence were entered at that time.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Defendant-Appellant: Concurred with the Court's proposed disposition to dismiss the appeal due to the absence of a final order (N/A).
• Plaintiff-Appellee: [Not applicable or not found]

Legal Issues

• Whether the Defendant's appeal should be dismissed for lack of a final order due to the absence of a final judgment and sentence.

Disposition

• The appeal was dismissed as premature. The Defendant was allowed to re-file the appeal once a final judgment and sentence has been entered.

Reasons

• Per Michael E. Vigil, J. (Michael D. Bustamante, J., and Roderick T. Kennedy, J., concurring): The Court proposed to dismiss the Defendant's appeal for being premature, as no final judgment and sentence had been entered following the conditional plea and disposition agreement. The Defendant concurred with this proposal. Based on the precedent set in State v. Garcia, which defines a final judgment in a criminal case as the judgment and sentence or an order dismissing all charges against the defendant, the Court dismissed the appeal, allowing for the possibility of re-filing once a final judgment and sentence are entered.