Olguin v. State

OPINION

PAYNE, Justice.

The defendant Olguin was convicted of the crimes of battery and possession of a deadly weapon by a prisoner. Notice of appeal from the judgment was timely filed, but a docketing statement, which is required by N.M.R.Crim.App. 205(a) 1 , was not timely filed. Defendant’s appointed counsel was called several times by the clerk of the Court of Appeals in an attempt to correct the problem. These attempts resulted in statements by counsel that he was “incredibly busy” and would send a motion to extend the time for filing the docketing statement. This was never done. Counsel…