State v. Rivera

OPINION

MINZNER, Justice.

{1} The State petitioned this Court to review an opinion of the Court of Appeals, which held that the district court lacked jurisdiction to act upon the State’s petition to revoke Defendant’s probation while his appeal from the underlying conviction was pending. See State v. Rivera, 2003-NMCA-059, 133 N.M. 571, 66 P.3d 344. We granted certiorari pursuant to NMSA 1978, § 34-5-14(B) (1972). See also Rule 12-502 NMRA 2003. We now hold that the filing of a notice of appeal does not preclude the district court from holding a probation revocation hearing or revoking a…