City of Farmington v. Pinon-Garcia

OPINION

GARCIA, Judge.

{1} In this case, we address both the standard and scope of review by the district court when a de novo appeal is taken from a lower court case that is not of record. The municipal court dismissed Defendant’s charges with prejudice because the arresting officer was unavailable for trial in the lower court. The City of Farmington (City) then filed an appeal to the district court pursuant to Rule 8-703(A) and (J) NMRA. The record indicates that the district court conducted the de novo trial without properly considering the propriety of the municipal court’s dismissal.…