State v. Miller

OPINION

WECHSLER, Judge.

{1} Defendant Curtis Miller challenges the district court’s denial of his motion to withdraw his no contest plea to two counts of battery against a household member and one count of assault against a household member, contrary to NMSA 1978, § 30-3-15 (2001) (amended 2007) and NMSA 1978, § 30-3-12 (1995). Defendant entered his no contest plea to these charges in magistrate court during an audio-visual arraignment. We hold that the Rules of Criminal Procedure for the Magistrate Courts do not permit the acceptance of a no contest plea at an audiovisual arraignment unless a…