State v. Garcia

OPINION

HENDLEY, Judge.

Defendant appeals the district court’s denial of his motions filed pursuant to NMSA 1978, Crim.P.R. 57 (Repl.Pamp.1980). The cause was originally assigned to a summary calendar with dismissal proposed because Rule 57(a) provides that “[t]he order of the district court on a motion under this rule is final and not subject to appeal.” Subsequently, the case was reassigned to a legal calendar with instructions to brief the following issues: whether Rule 57 1) unconstitutionally denies defendant his right to an appeal pursuant to N.M. Const, art. VI, § 2; and 2) denies…