N.M. R. Crim. P. Magist. Ct. 6-702
At the time of entering a judgment and sentence, the court shall advise the defendant of the defendant's right to a new trial in the district court. The court shall also advise the defendant that if the defendant wishes to appeal, a notice of appeal shall be filed in the district court within fifteen (15) days after entry of the judgment and sentence.
N.M. R. Crim. P. Magist. Ct. 6-702
ANNOTATIONS The 2012 amendment, approved by Supreme Court Order No. 12-8300-019, effective for all cases pending or filed on or after August 3, 2012, eliminated the requirement that appeals be tried by the district court within six months; deleted the paragraph letter and the title, "Duty of magistrate court", of former Paragraph A; in the second sentence, after "shall be filed", added "in the district court"; deleted former Paragraph B, which required the defendant to obtain a trial in district court within six months of an appeal and to request a trial date in the notice of appeal; and deleted former Paragraph C, which provided for automatic affirmance if the appeal was not tried in district court within six months or the time for trial was not extended by the Supreme Court. The 2002 amendment, effective October 15, 2002, substituted "judgment and sentence" for "conviction" in Paragraph C. The 1997 amendment, effective January 1, 1997, deleted "or within fifteen (15) days after the filing of the notice of appeal" from the end of Paragraph B, and substituted "the defendant's right" for "his right" in Paragraph A. The 1990 amendment, effective for cases filed in the magistrate courts on or after September 1, 1990, rewrote the introductory paragraph and former Paragraph A to form Paragraph A; in Paragraph B, substituted "The defendant" for "He", deleted "date" following "trial" in the first sentence, and added the second sentence; and in Paragraph C, substituted "Any appeal which has not been" for "If his appeal is not", deleted "his appeal" preceding "will be dismissed", and substituted "the conviction" for "his conviction".
For form on judgment and sentence, see Rule 9-601 NMRA. For form on final order on criminal complaint, see Rule 9-603 NMRA. For form on agreement to pay the fine and court costs, see Rule 9-605 NMRA. Magistrate court not required to expressly reserve jurisdiction. - There is nothing in these rules or in the supreme court approved forms for the magistrate courts which requires a magistrate court to expressly reserve jurisdiction. Cowan v. Davis, 1981-NMSC-054, 96 N.M. 69, 628 P.2d 314. Effect of failure to obtain timely trial date. - Failure to comply with the six-month rule for obtaining a trial date under this rule, absent an extension, requires a dismissal of the appeal and remand to the magistrate court for enforcement of its judgment. State v. Hrabak, 1983-NMCA-100, 100 N.M. 303, 669 P.2d 1098. Court at fault for not setting timely hearing on appeal. - If the district court is at fault in not setting an appeal for hearing within six months, it does not err in denying the state's motion to dismiss the appeal and it has jurisdiction to dismiss the complaint with prejudice. State v. Hrabak, 1983-NMCA-100, 100 N.M. 303, 669 P.2d 1098. Court has power to impose conditions on deferred or suspended sentences. 1979 Op. Att'y Gen. No. 79-18. Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 525 to 534. Propriety and prejudicial effect of trial court's inquiry as to numerical division of jury, 77 A.L.R.3d 769. 24 C.J.S. Criminal Law § 1458 et seq.