Vigil v. State

OPINION

EASLEY, Justice.

Vigil was convicted of aggravated battery in the District Court of Bernalillo County. Notice of appeal and the docketing statement were timely filed. Trial counsel, however, violated N.M.R.Crim. App. 205(a) 1 by misfiling the original docketing statement in the district court and an unsigned copy in the Court of Appeals. A proof of service was not filed with the docketing statement as required by N.M.R.Crim.App. 301(c). 2

The Court of Appeals proposed summary dismissal for failure to comply with the two rules. Counsel for defendant filed an affidavit alleging that actual…