State v. Gonzales

I dissent.

The record shows the decree entered in this case was filed June 30, 1972. The notice of appeal was filed June 22, 1972. It was premature and untimely. The timely filing of a notice of appeal is jurisdictional. Parties cannot, by stipulation, confer jurisdiction on the Court of Appeals. Therefore, the appeal should be dismissed. Public Service Company of New Mexico v. Wolf, 78 N.M. 221, 430 P.2d 379 (1967). The same rule applies where the appeal was filed after the time allowed. State v. Sedillo, 81 N.M. 622, 471 P.2d 192 (Ct.App. 1970).

The notice of appeal states it is an appeal…