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 found guilty of three counts of aggravated assault with a deadly weapon and one count of unlawful carrying of a deadly weapon.

Procedural History

• District Court of Grant County, December 17, 2013: The Defendant was found guilty of three counts of aggravated assault (deadly weapon) and one count of unlawful carrying of a deadly weapon.

Parties' Submissions

• Appellant (Defendant): Argued that the case State v. Romero should be distinguished because the notice of appeal in this case was filed before the Rule 5-801 motion was filed (para 3).
• Appellee (State): [Not applicable or not found]

Legal Issues

• Whether the appeal should be dismissed for lack of finality due to a pending Rule 5-801 motion, notwithstanding the sequence of filing between the notice of appeal and the motion.

Disposition

• The appeal was dismissed due to lack of finality, as a pending Rule 5-801 motion renders a judgment non-final for purposes of appeal (para 3).

Reasons

• Per Cynthia A. Fry, J. (James J. Wechsler, J., and Timothy L. Garcia, J., concurring): The court dismissed the appeal, not persuaded by the Defendant's argument that the case should be distinguished from State v. Romero based on the sequence of filings. The court clarified that under Rule 12-201(D)(4) NMRA, the timing of the motion's filing relative to the notice of appeal does not affect the finality of the judgment for purposes of appeal (para 3).