Legal Opinion
State v. Upchurch
New Mexico Court of Appeals
Decided May 4, 2006No. 26,436PublishedCited by 10 opinions
1Opinion of the Court
OPINION
FRY, Judge.
{1} The State seeks to appeal the district court order granting Defendant’s motion to dismiss for violation of his speedy trial rights. We issued a notice of proposed disposition proposing to dismiss for an untimely appeal. The State has responded to our notice. Having considered the State’s arguments, we are unpersuaded and dismiss.
{2} The State does not dispute that it filed a notice of appeal one day after the time for doing so had expired and that it failed to seek an extension in which to file its appeal. See Rule 12-201(A)(2) NMRA. The State recognizes that a timely…
2Cases cited4 opinions
- Trujillo v. SerranoNew Mexico Supreme Court · 1994
- State v. PeppersNew Mexico Court of Appeals · 1990
- State v. DuranNew Mexico Court of Appeals · 1986
- State v. AhasteenNew Mexico Court of Appeals · 1998
3Cited by10 opinions
- State v. LeonNew Mexico Court of Appeals · 2012
- State ex rel. Children, Youth & Families Department v. Amanda M.New Mexico Court of Appeals · 2006
- State v. DominguezNew Mexico Court of Appeals · 2007
- State v. VasquezNew Mexico Court of Appeals · 2012
- Cedrins v. City of AlbuquerqueNew Mexico Court of Appeals · 2010
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