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STATE v. PHILLIPS, 30 (2011)

Court: Court of Appeals of New Mexico Number: innmco20110520389 Visitors: 11
Filed: Apr. 01, 2011
Latest Update: Apr. 01, 2011
Summary: This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION VIGIL, Judge. Defendant attempts to appeal an order dismissing his appeal in district court for lack of jurisdiction. We proposed to dismiss the appeal for lack of a final order, as there was a motion for reconsideration of the order still pending. Defendant has timely responded and acknowledges
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This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.

MEMORANDUM OPINION

VIGIL, Judge.

Defendant attempts to appeal an order dismissing his appeal in district court for lack of jurisdiction. We proposed to dismiss the appeal for lack of a final order, as there was a motion for reconsideration of the order still pending. Defendant has timely responded and acknowledges that his appeal was from a non-final order. Therefore, for the reasons stated in the calendar notice, we dismiss the appeal. Mandate shall issue forthwith.

IT IS SO ORDERED.

CELIA FOY CASTILLO, Chief Judge, JAMES J. WECHSLER, Judge concur.

Source:  Leagle

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