State v. Reyes

• Court: New Mexico Court of Appeals
• Decided: June 5, 2014
• Docket: 33,479
• Status: Unpublished

Opinion

This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO,

3 Plaintiff-Appellee,

4 v. No. 33,479

5 PAUL KEITH REYES,

6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 8 Stan Whitaker, District Judge

9 Gary K. King, Attorney General 10 Santa Fe, NM

11 for Appellee

12 Paul Keith Reyes 13 Albuquerque, NM

14 Pro Se Appellant

15 MEMORANDUM OPINION

16 HANISEE, Judge.

17 {1} Defendant, who is self-represented, is appealing from a district court order

18 dismissing his on-the-record appeal from metropolitan court for lack of a final order. 1 We issued a calendar notice proposing to affirm the district court. Defendant has

2 responded with a memorandum in opposition. We affirm.

3 {2} The district court order dismissing Defendant’s on-the-record appeal from

4 metropolitan court indicates that the metropolitan court proceedings ended with the

5 filing of a nolle prosequi and that no judgment or final order was entered below. [RP

6 15] There is no final metropolitan court in the record proper, or in records available

7 online. Generally, appellate jurisdiction is limited to appeals that are timely filed from

8 final decisions, orders, or judgments. See State v. Lohberger, 2008-NMSC-033, ¶ 19,

9 144 N.M. 297, 187 P.3d 162. This requirement applies to appeals taken from the

10 metropolitan court to the district court. See Rule 5-827(A) NMRA. Accordingly, we

11 affirm the district court’s order dismissing Defendant’s appeal.

12 {3} IT IS SO ORDERED.

13 14 J. MILES HANISEE, Judge

15 WE CONCUR:

16 17 JONATHAN B. SUTIN, Judge

18 19 MICHAEL E. VIGIL, Judge