Legal Opinion

State v. Martinez

New Mexico Court of Appeals

Decided March 9, 1973No. 1075PublishedCited by 9 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Defendants pled guilty to burglary. Section 40A-16-3, N.M.S.A.1953 (2nd Repl. Vol. 6). Their appeals assert their pleas were involuntary and their convictions were constitutionally invalid. In addition, they claim fundamental error.

? we have no jurisdiction. The record indicates the appeals were not filed within the time provided by the applicable rules and there is no claim that a basis exists for avoiding the effect of the rules. Section 21-2-1(5) (1), N.M.S.A.1953 (Repl. Vol. 4). See State v. Garlick, 80 N.M. 352, 456 P.2d 185 (1969); State v. Sedillo, 81 N.M. 622,…

2Cases cited7 opinions

  1. Smith v. StateNew Mexico Supreme Court · 1968
  2. Smith v. StateNew Mexico Supreme Court · 1968
  3. State v. JaramilloNew Mexico Court of Appeals · 1972
  4. State v. GarlickNew Mexico Supreme Court · 1969
  5. State v. ColvinNew Mexico Court of Appeals · 1971

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. VigilNew Mexico Court of Appeals · 1973
  2. State v. DutchoverNew Mexico Court of Appeals · 1973
  3. State v. AaronNew Mexico Court of Appeals · 1985
  4. Gonzales v. City of AlbuquerqueNew Mexico Court of Appeals · 1977
  5. State v. RickardNew Mexico Court of Appeals · 1994

4 more not listed; retrieve them via the Exa API.

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