AI Generated Opinion Summaries

Decision Information

Citations - New Mexico Laws and Court Rules
Rule Set 5 - Rules of Criminal Procedure for the District Courts - cited by 2,180 documents

Decision Content

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, Steve Tollardo, appealed from the district court's amended judgment and sentence. He had previously filed a timely motion for reconsideration of sentence pursuant to Rule 5-801 NMRA within ninety days after the sentence was imposed.

Procedural History

  • Appeal from the District Court of Taos County, Gerald E. Baca, District Judge, February 16, 2016: The district court's amended judgment and sentence was appealed by the Defendant.

Parties' Submissions

  • Defendant-Appellant: Argued for reconsideration of sentence pursuant to Rule 5-801 NMRA, indicating agreement with the proposed dismissal of the appeal.
  • Plaintiff-Appellee: [Not applicable or not found]

Legal Issues

  • Whether the appeal from the district court's amended judgment and sentence should be dismissed for lack of a final order.

Disposition

  • The appeal was dismissed for lack of a final order as indicated in the Court's notice of proposed disposition.

Reasons

  • Per Roderick T. Kennedy, J. (James J. Wechsler, J., and J. Miles Hanisee, J., concurring): The Court decided to dismiss the appeal following the Defendant's agreement with the Court's notice of proposed disposition, which suggested dismissal for lack of a final order.
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