Rule 5-827 - Appeals from metropolitan courtA.Right of appeal. A party who is aggrieved by the judgment or final order in a criminal action may appeal, as permitted by law, to the district court of the county within which the metropolitan court is located. The notice of appeal shall be filed in the district court within fifteen (15) days after the judgment or final order appealed from is filed in the metropolitan court clerk's office. The three (3) day mailing period set forth in Rule 7-104 NMRA does not apply to the time limits set forth above. A notice of appeal filed after the announcement of a decision, or return of the verdict, but before the judgment or order is filed in the metropolitan court clerk's office, shall be treated as timely filed and shall become effective when the judgment or order appealed from is filed in the metropolitan court clerk's office. Notwithstanding any other provision of this rule, no docket fee or other cost shall be imposed against the state or its political subdivisions or against a defendant who is represented by a public defender or court appointed counsel.B.Notice of appeal. An appeal from the metropolitan court is taken by: (1) filing with the clerk of the district court a notice of appeal with proof of service; and(2) promptly filing with the metropolitan court:(a) a copy of the notice of appeal which has been endorsed by the clerk of the district court; and(b) unless the appeal has been filed by the state, a political subdivision of the state or by a defendant represented by a public defender or court appointed counsel, a copy of the receipt of payment of the docket fee.C.Content of the notice of appeal. The notice of appeal shall be substantially in the form approved by the Supreme Court.D.Service of notice of appeal. At the time the notice of appeal is filed in the district court, the appellant shall:(1) serve each party or each party's attorney in the proceedings in the metropolitan court with a copy of the notice of appeal in accordance with Rule 5-103 NMRA of the Rules of Criminal Procedure for the District Courts; and(2) file proof of service with the clerk of the district court that a copy of the notice of appeal has been served in accordance with Rule 5-103 NMRA.E.Docketing the appeal. Upon the filing of the notice of appeal and proof of service and payment of the docket fee, if required, the clerk of the district court shall docket the appeal in the district court.F.Record on appeal. Within fifteen (15) days after the appellant files a copy of the notice of appeal in the metropolitan court pursuant to Paragraph B of this rule, the metropolitan court shall file with the clerk of the district court a copy of the record on appeal taken in the action in the metropolitan court. For purposes of this rule, the record on appeal shall consist of: (1) a title page containing the caption of the case in the metropolitan court and names and mailing addresses of each party or, if the party is represented by counsel, the name and address of the attorney;(2) a copy of all papers and pleadings filed in the metropolitan court;(3) a copy of the judgment or final order sought to be reviewed with date of filing;(5) if the appeal is from a trial on the record, any transcript of the proceedings made by the metropolitan court. The metropolitan court clerk shall prepare and file with the district court a duplicate of the audio record of the proceedings and that record's index log. The metropolitan court clerk shall give prompt notice to all parties of the filing of the record on appeal with the district court. Any party desiring a copy of the record on appeal shall be responsible for paying the cost of preparing the copy.
G.Correction or modification of the record. If anything material to either party is omitted from the record on appeal by error or accident, the parties by stipulation, or the metropolitan court or the district court, on proper suggestion or on its own initiative, may direct that the omission be corrected and a supplemental record transmitted to the district court.H.Conditions of release. If the metropolitan court sets an appeal bond pursuant to Rule 7-703 NMRA upon filing of the notice of appeal, the appeal bond shall be transferred to the district court pending disposition of the appeal. The district court shall dispose of all matters relating to the appeal bond until remand to the metropolitan court.I.Review of terms of release. If the metropolitan court has refused release pending appeal or has imposed conditions of release which the defendant cannot meet, the defendant may file a petition for release with the clerk of the district court at any time after the filing of the notice of appeal. A copy of the petition for release which has been endorsed by the clerk of the district court shall be filed with the metropolitan court. If the district court releases the defendant on appeal, a copy of the order of release shall be filed in the metropolitan court.J.Trial de novo appeals. Except as otherwise provided by law for appeals involving driving while under the influence and domestic violence offenses, trials upon appeals from the metropolitan court to the district court shall be de novo.K.Rehearing; appeals on the record. Within ten (10) days after entry of a judgment or order disposing of an appeal on the record, any party may file a motion for rehearing. The motion shall set forth with particularity the points of law or fact which the movant believes the court has overlooked or misapprehended but shall not contain argument. No response to a motion shall be permitted unless requested by the district court. The motion for rehearing shall be disposed of within fifteen (15) days after it is filed.L.Disposal of appeals. The district court shall dispose of appeals by entry of a judgment and sentence or other final order. The court in its discretion may accompany the judgment or order with a formal or memorandum opinion. Opinions shall not be published and shall not be used as precedent in subsequent cases. A mandate shall be issued by the district court upon expiration of whichever of the following events occurs latest:(1) fifteen (15) days after entry of the order disposing of the case;(2) fifteen (15) days after disposition of a motion for rehearing; or(3) if a notice of appeal is filed, upon final disposition of the appeal. Upon remand of the case by the district court to the metropolitan court, the metropolitan court shall enforce the mandate of the district court.
M.Remand. Upon expiration of the time for appeal from the final order or judgment of the district court, the district court shall remand the case to the metropolitan court for enforcement of the district court's judgment.N.Appeal. An aggrieved party may appeal from a judgment of the district court to the New Mexico Supreme Court or New Mexico Court of Appeals, as authorized by law, in accordance with the Rules of Appellate Procedure. The conditions of release and bond approved or continued in effect by the district court during the pendency of the appeal to the district court shall continue in effect pending appeal to the Court of Appeals, unless modified pursuant to Rule 12-205 NMRA of the Rules of Appellate Procedure.O.Transmittal of the judgment and sentence or final order. After final determination of the appeal, the clerk of the district court shall transmit a copy of the judgment and sentence or final order to the metropolitan court clerk. N.M. R. Crim. P. Dist. Ct. 5-827
Adopted by Supreme Court Order No. 12-8300-018, effective for all cases pending or filed on or after August 3, 2012.Committee commentary. - Section 34-8A-6C NMSA 1978 (as amended by Laws 1980, Chapter 142, Section 4 ), is so broad as to be in violation of the constitutional prohibition against double jeopardy. The rule as drafted limits appeals by the prosecution to a determination of the validity of the statute or ordinance under which the defendant was prosecuted, thus avoiding the statutory violation mentioned above.
[Adopted by Supreme Court Order No. 12-8300-018, effective for all cases pending or filed on or after August 3, 2012.]