State v. Hernandez

OPINION

WALTERS, Judge.

The defendant was convicted of battery upon a police officer. On appeal, his appellate counsel (who did not represent Hernandez at trial and did not prepare the docketing statement, see N.M.R.Crim.App.P. 205(b), N.M.S.A.1978) argues four points for reversal. Each is considered below, and rejected.

1. Appellant contends that because his trial commenced one day before the mandate of this court was issued on our denial of his interlocutory appeal, the trial court had no jurisdiction to try or convict him.

The argument is not sound. Allowance of an interlocutory appeal is…