N.M. R. Crim. P. Metro. Ct. 7-302

As amended through August 23, 2024

Rule 7-302 - Pleas allowed

A.Pleas and defenses. The plea shall be one of the following: guilty, not guilty, or no contest. No other pleas shall be permitted. A plea of not guilty shall not operate as a waiver of any defense or objection. Defenses and objections not raised by the plea shall be asserted in the form of motions to dismiss or for appropriate relief.

B.Failure or refusal of defendant to enter a plea. If the defendant refuses to enter a plea, or stands mute, the court shall enter a plea of not guilty on behalf of such defendant.

C.Rejection of pleas. The court shall reject a plea of guilty or no contest if justice would not be served by acceptance of such plea.

N.M. R. Crim. P. Metro. Ct. 7-302

As amended by Supreme Court Order No. 18-8300-023, effective for all cases filed on or after2/1/2019.

ANNOTATIONS The 2018 amendment, approved by Supreme Court Order No. 18-8300-023, effective February 1, 2019, removed the plea of not guilty by reason of insanity from the list of pleas permitted within metropolitan court jurisdiction; in Paragraph A, in the heading, changed "Pleadings" to "Pleas and defenses"; deleted "The pleadings shall consist of the complaint and the plea."; in the first sentence, deleted "not guilty by reason of insanity and", and added "or"; in the second sentence, deleted "or pleadings"; and deleted "If the defendant pleads not guilty by reason of insanity, the metropolitan court shall transfer the action to the district court."; and in Paragraph C, added "no contest" and deleted "nolo contendere". Conviction based on nolo contendere plea may not be sole basis of probation revocation. State v. Baca, 1984-NMCA-056, 101 N.M. 415, 683 P.2d 970. Rule 5-304F NMRA applies to metropolitan courts. - Since Rule 21(g)(6), N.M.R. Crim. P. (now see Rule 5-304F NMRA), providing for inadmissibility of plea discussions is applicable to district court proceedings on revocation of parole, there is no reason why it should not apply to metropolitan courts. State v. Baca, 1984-NMCA-056, 101 N.M. 415, 683 P.2d 970.