N.M. R. Mun. Ct. P. 8-702

As amended through August 23, 2024
Rule 8-702 - Advising defendant of right to appeal

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. Mun. Ct. P. 8-702

As amended, effective 9/1/1990;1/1/1997;10/15/2002; as amended by Supreme Court Order No. 12-8300-019, effective for all cases pending or filed on or after8/3/2012.

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 court", of former Paragraph A; in the second sentence 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, in Paragraph A, deleted "the municipal" from the bold heading, inserted "defendant's" preceding "right to a new trial" in the first sentence; and, in Paragraph C, substituted "judgment and sentence" for "conviction". 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 right" for "his right" in Paragraph A. The 1990 amendment, effective for cases filed in the municipal courts on or after September 1, 1990, rewrote the introductory paragraph and former Paragraph A to appear as Paragraph A; in Paragraph B, substituted "The defendant" for "He", deleted "date" following "trial" in the first sentence, and added the last 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". Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 525 to 534, 588. Court's right, in imposing sentence, to hear evidence of, or to consider, other offenses committed by defendant, 96 A.L.R.2d 768. 24 C.J.S. Criminal Law §§ 1680, 1686, 1688.