Trujillo v. State

OPINION

SOSA, Justice.

Defendant Luciano Trujillo was convicted by a jury of various offenses in district court. The Court of Appeals summarily affirmed. We granted certiorari.

On appeal defendant argues, inter alia, that the Court of Appeals improperly summarily affirmed his conviction because his memorandum in opposition to summary disposition was untimely filed. The facts indicated that defendant’s appeal was assigned to the summary calendar on May 3, 1977. Notice thereof was received on May 5 by defendant’s counsel. The memorandum in opposition was mailed from Albuquerque on May 13 (Friday)…