State v. Gallegos

2007 NMCA 112, 166 P.3d 1101, 142 N.M. 447
CourtNew Mexico Court of Appeals
DecidedMarch 28, 2007
Docket26,310
StatusPublished
Cited by19 cases

This text of 2007 NMCA 112 (State v. Gallegos) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Gallegos, 2007 NMCA 112, 166 P.3d 1101, 142 N.M. 447 (N.M. Ct. App. 2007).

Opinion

OPINION

WECHSLER, Judge.

{1} We examine in this appeal a plea of no contest and resulting sentence in magistrate court. On de novo appeal, the district court permitted testimony of the magistrate concerning the foundation for the plea and, determining that the plea was valid, dismissed the appeal. It further severed improper aspects of the sentence and remanded to the magistrate court to impose the original sentence without the severed provisions. Defendant argues to this Court that the magistrate court record failed to demonstrate that the plea was valid, that the district court erred in conducting the evidentiary hearing to consider evidence other than the magistrate court record concerning the plea, and that Defendant was entitled to a de novo appeal in district court. We disagree and affirm, holding that the magistrate court record sufficiently demonstrates that the magistrate made the necessary inquiry in accepting the plea, that the district court could supplement the magistrate court record in order to determine its jurisdiction or to clarify the validity of the plea, and that the district court otherwise had the authority to sever an illegal sentence. We remand to the magistrate court to impose sentence.

MAGISTRATE COURT PROCEEDINGS

{2} Defendant Daniel Gallegos was charged in magistrate court with careless driving in violation of NMSA 1978, § 66-8-114 (1978), a misdemeanor, arising from an incident involving a fatality and a serious injury. At his first appearance for arraignment, Defendant entered a no contest plea. The magistrate conducted a plea proceeding and accepted the plea, concluding that Defendant knowingly, voluntarily, and intelligently entered the plea. Defendant and the magistrate signed both a first appearance form and a plea proceeding form. Defendant subsequently, at sentencing, signed a waiver of counsel form. The magistrate found Defendant guilty of the charge and sentenced him to serve a jail term of ninety days and to pay a fíne of $300 and court costs and fees of $75. It further ordered Defendant to perform forty hours of community service, to write a letter of apology to the victims’ family, and to pay restitution for expenses.

DISTRICT COURT PROCEEDINGS

{3} Defendant filed a notice of appeal in the district court. He contended among his assertions that his plea was not voluntary and knowing and that he “did not understand his constitutional rights and the maximum penalty and sentence when he entered the plea.” He stated that the plea form that he signed did not contain the maximum sentence. He also contended that the provisions of his sentence for community service, apology, and restitution were improper. The State moved to dismiss the appeal on the basis that Defendant’s valid no contest plea waived his right to a de novo appeal. Defendant responded, arguing that he had the right to appeal because his plea was not valid, that the district court was limited to the magistrate court record in reviewing the plea, and that the record was insufficient to demonstrate the validity of the plea. As the magistrate court is not a court of record, NMSA 1978, § 35-1-1 (1968), this “magistrate court record” to which Defendant refers is limited to the papers filed in that court.

{4} The district court did not agree that it was limited to the magistrate court record and permitted an evidentiary hearing. At the hearing, the magistrate testified on behalf of the State. He stated that he had conducted thousands of arraignments and followed a procedure under which he advises a defendant of the charges, the penalties attached, and the defendant’s constitutional rights, which he reads in detail. After he clarifies the defendant’s address, he advises the defendant of the right to counsel, including the ability to complete an application for public defender representation at the State’s expense, and the right to plead guilty, no contest, or not guilty.

{5} The magistrate testified that he followed this general procedure in this case. He was also able to testify about the specific procedure he followed with regard to Defendant. He particularly remembered this case because the office of the district attorney did not usually file minor charges such as careless driving, as it had done in this case.

{6} According to the magistrate’s testimony, at the first appearance, the magistrate informed Defendant that for the charge of careless driving Defendant faced a penalty of “up to $300 and/or ninety days in jail.” He clarified Defendant’s address and learned that Defendant had recently moved to Rio Rancho. He advised Defendant of his constitutional rights, including his right to counsel. He further advised Defendant of his three choices of plea: not guilty, guilty, or no contest. Defendant elected to plead no contest. Defendant did not have any questions and did not, at any time, indicate that he did not understand his rights. Because Defendant was pleading no contest, the magistrate went through the guilty or no contest plea proceeding form with Defendant. He again advised Defendant of his constitutional rights, including his right to counsel, in the context of the explanation of the plea proceeding form. In response to the magistrate’s questions, Defendant did not indicate at any point that he did not understand his rights. He said that he would want an attorney at a later stage of the proceedings. Defendant signed the first appearance and plea proceeding forms, and the magistrate then also signed the forms. The magistrate set the case for sentencing.

{7} The magistrate testified that Defendant did not have an attorney at the sentencing hearing. The magistrate again advised Defendant of his constitutional rights, including his right to counsel, reminding him of the charge and the maximum potential penalties. Defendant signed a waiver of counsel, and the case proceeded to sentencing.

{8} The district court determined that Defendant’s plea and waiver of counsel were knowing, intelligent, and voluntary, and it granted the State’s motion to dismiss the de novo appeal. It remanded to the magistrate court to impose the original sentence, striking the community service, letter of apology, and restitution.

MOTION TO DISMISS FOR LACK OF DISTRICT COURT JURISDICTION

{9} The State initially moved the district court to dismiss Defendant’s de novo appeal for lack of jurisdiction. A party who is not “aggrieved” by a final judgment or decision of a magistrate court has no right to appeal to district court. State v. Ball, 104 N.M. 176, 181-82, 718 P.2d 686, 691-92 (1986) (explaining that the historical foundation of Article VI, Section 27 of the New Mexico Constitution granting the right of appeal from inferior courts to district court was limited to aggrieved parties); see also NMSA 1978, § 35-13-1 (1975) (limiting the right to appeal a judgment or final order from a magistrate court in a criminal case to an “aggrieved” defendant). A defendant who enters a voluntary and knowing plea of guilty or no contest in an inferior court is not an aggrieved party for the purpose of appeal to district court. Ball, 104 N.M. at 183, 718 P.2d at 693; State v. Johnson, 107 N.M. 356, 357, 758 P.2d 306, 307 (Ct.App.1988).

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Cite This Page — Counsel Stack

Bluebook (online)
2007 NMCA 112, 166 P.3d 1101, 142 N.M. 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gallegos-nmctapp-2007.