Mascarenas v. State

OPINION

SOSA, Chief Justice.

Defendants Mascarenas, Stelly and Ellis had appeals pending before the Court of Appeals at the time of their brief escape from the New Mexico State Penitentiary. Upon motion by the State, the court dismissed their appeals. We granted certiorari and now reverse.

Mascarenas was sentenced to the New Mexico State Penitentiary upon conviction for armed robbery and assault upon a police officer. A timely notice of appeal was entered on September 17, 1979.

Stelly was serving time in the penitentiary on a September 9, 1979 conviction for kidnapping, criminal sexual…