State v. Mazzei
This text of State v. Mazzei (State v. Mazzei) 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.
Opinion
1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please 2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 3 Please also note that this electronic memorandum opinion may contain computer-generated 4 errors or other deviations from the official paper version filed by the Court of Appeals and does 5 not include the filing date. 6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
7 STATE OF NEW MEXICO,
8 Plaintiff-Appellee,
9 v. NO. 30,746
10 PATRICK MAZZEI,
11 Defendant-Appellant.
12 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 13 Robert M. Schwartz, District Judge
14 Gary K. King, Attorney General 15 Santa Fe, NM
16 for Appellee
17 Fuentes & Associates, P.C. 18 Robert R. Fuentes 19 Rio Rancho, NM
20 for Appellant
21 MEMORANDUM OPINION
22 VIGIL, Judge.
23 Defendant appeals from a conditional plea and disposition agreement in which
24 he pleaded guilty to one count of aggravated driving under the influence (Fourth or 1 Subsequent Offense). [RP 115] This Court issued a calendar notice proposing to
2 dismiss Defendant’s appeal for lack of a final order. Specifically, we proposed to
3 conclude that because sentencing was left pending while the Defendant’s case was
4 referred to drug court, and because no final judgment and sentence was entered,
5 Defendant’s notice of appeal was premature. See State v. Garcia, 99 N.M. 466, 471,
6 659 P.2d 918, 923 (Ct. App. 1983) (holding that in a criminal case the final judgment
7 is the judgment and sentence or an order dismissing all charges against the defendant).
8 Defendant has filed a response to this Court’s notice of proposed summary
9 disposition. In his response, Defendant concurs with this Court’s proposed disposition
10 of dismissal. We therefore dismiss Defendant’s appeal as premature. Defendant may
11 re-file his appeal once a final judgment and sentence has been entered.
12 IT IS SO ORDERED.
13 _______________________________ 14 MICHAEL E. VIGIL, Judge 15 WE CONCUR:
16 _________________________________ 17 MICHAEL D. BUSTAMANTE, Judge
18 _________________________________ 19 RODERICK T. KENNEDY, Judge
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