Legal Opinion

City of Albuquerque v. Sanchez

New Mexico Court of Appeals

Decided February 13, 1970No. 381PublishedCited by 17 opinions

1Opinion of the Court

OPINION

HENDLEY, Judge.

Defendants pleaded guilty, in Municipal Court, to petty larceny and were sentenced. Subsequently, they appealed to the district court. The City moved to dismiss the appeal on the grounds that a plea of guilty does not entitle defendants to „appeal. The district court granted the City’s motion to dismiss and defendants appeal that ruling.

We reverse for reasons hereinafter stated.

Section 21-10-1, N.M.S.A. 1953 (Supp. 1969) states:

“All appeals from inferior tribunals to the district courts shall be tried anew in said courts on their merits, as if no trial had been had…

2Cited by17 opinions

  1. State v. BallNew Mexico Supreme Court · 1986
  2. Varos v. Union Oil Co. of CaliforniaNew Mexico Court of Appeals · 1984
  3. Garrison Ex Rel. Estate of Garrison v. Safeway StoresNew Mexico Court of Appeals · 1984
  4. Board of Education v. New Mexico State Board of EducationNew Mexico Court of Appeals · 1975
  5. State v. GardnerNew Mexico Court of Appeals · 1991

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