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 appealed the district court's decision to set his case for a bench trial and the denial of his appeal from a magistrate court order that rejected his request for a jury trial. The appeal was based on the absence of a final written order from the magistrate court.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Defendant-Appellant: Argued that the appeal should proceed despite the lack of a final written order, emphasizing the unfairness of postponing the sentencing phase in cases of conditional pleas in some magistrate courts.
• Plaintiff-Appellee: [Not applicable or not found]

Legal Issues

• Whether the absence of a final written order from the magistrate court precludes the appeal from proceeding.

Disposition

• The appeal was dismissed due to the lack of a final order.

Reasons

• RODERICK T. KENNEDY, Judge (LINDA M. VANZI, Judge, and TIMOTHY L. GARCIA, Judge concurring): The court dismissed the appeal, adhering to the long-standing rule in New Mexico that a judgment in criminal cases is considered final for the purpose of appeal only when it concludes the litigation on the merits and leaves nothing but enforcement. The court highlighted that a final judgment in criminal cases must either adjudicate the defendant guilty and impose, suspend, or defer sentence, or dismiss the charges. The absence of such a final written order in this case led to the dismissal of the appeal, with the court indicating that the Defendant may appeal once a final order is entered.