STATE v. GALLEGOS, 31 (2012)
Court: Court of Appeals of New Mexico
Number: innmco20120716260
Visitors: 14
Filed: Jun. 07, 2012
Latest Update: Jun. 07, 2012
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. Gallegos appeals an order denying his motion to withdraw his plea. In our notice of proposed summary disposition, we proposed to dismiss Gallegos's appeal, since Gallegos's notice of appeal was filed late. Gallegos has filed a memorandum in opposition, which we have duly considered.
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. Gallegos appeals an order denying his motion to withdraw his plea. In our notice of proposed summary disposition, we proposed to dismiss Gallegos's appeal, since Gallegos's notice of appeal was filed late. Gallegos has filed a memorandum in opposition, which we have duly considered. ..
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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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
Gallegos appeals an order denying his motion to withdraw his plea. In our notice of proposed summary disposition, we proposed to dismiss Gallegos's appeal, since Gallegos's notice of appeal was filed late. Gallegos has filed a memorandum in opposition, which we have duly considered. As we are not persuaded by his arguments, we dismiss this appeal for the reasons stated in our notice of proposed summary disposition. To the degree that Gallegos may have a claim of ineffective assistance of counsel based on either (1) his new counsel's failure to timely file the notice of appeal or (2) his prior counsel's representation of him in entering the plea, our dismissal of this appeal does not prevent him from seeking to present evidence in support of those arguments in a post-conviction proceeding.
IT IS SO ORDERED.
RODERICK T. KENNEDY, Judge and J. MILES HANISEE, Judge, concurs.
Source: Leagle
