N.M. R. Crim. P. Metro. Ct. 7-702
N.M. R. Crim. P. Metro. Ct. 7-702
Committee commentary. - The timely disposition of appeals is an essential requirement of justice. It was brought to the committee's attention that the disposition of appeals on the record to the district court take significantly longer than de novo appeals.
The above amendments were taken from Rule 12-406 governing the disposition of appeals to the Supreme Court and Court of Appeals and Rule 1-054 requiring disposition in civil cases within 60 days after submission.
ANNOTATIONS The 2012 amendment, approved by Supreme Court Order No. 12-8300-020, effective August 3, 2012, eliminated the requirement that appeals be determined within six months after the filing of a notice of appeal and the requirement that the clerk of the district court maintain a log of all appeals; added the title to Paragraph B; deleted former Paragraph B which required the defendant to obtain a trial within six months in trial de novo appeals; deleted former Paragraph C which provided for automatic dismissal and affirmance if a trial de novo appeal were not tried within the six month period; deleted former Paragraph D which required the district court to enter a judgment in appeals on the record within six months after the filing of a notice of appeal; and deleted former Paragraph E which required the clerk of the district court to maintain a log of all pending appeals for public inspection. The 2002 amendment, effective October 15, 2002, substituted "judgment and sentence" for "conviction" in Paragraph C. The second 1997 amendment, effective September 2, 1997, added Paragraphs D and E. The first 1997 amendment, effective January 1, 1997, deleted "or within fifteen (15) days after the filing of the notice of appeal" from the end of Paragraph B. The 1994 amendment, effective January 1, 1994, in Paragraph A, substituted "of the defendant's right" for "of his right" near the beginning, inserted the Subparagraph A(1) designation and inserted "if the appeal is an appeal de novo" in that subparagraph, inserted Subparagraph A(2), and inserted "in the district court" near the end; in Paragraph B, added "In trial de novo appeals" at the beginning, inserted "in the district court" near the middle, and substituted "the time the notice of appeal is filed in the district court" for "the time of filing the notice of appeal" near the end; and inserted "de novo" near the beginning of Paragraph C. The 1990 amendment, effective for cases filed in the magistrate courts on or after September 1, 1990, rewrote the introductory paragraph and former Paragraph A to appear as present Paragraph A; in Paragraph B, substituted "The defendant" for "He", deleted "date" following "trial" in the first sentence, and added the second sentence; and in Paragraph C, substituted "Any appeal which has not been" for "If his appeal is not", deleted "his appeal" preceding "will be dismissed", and substituted "the conviction" for "his conviction".
For form on judgment and sentence, see Rule 9-601 NMRA. For form on agreement to pay the fine and court costs, see Rule 9-605 NMRA. Scope of duty to advise. - The rules promulgated by the supreme court do not require that waiver of the right to a jury in a trial de novo in district court on appeal from a metropolitan court conviction must be accompanied by advice to the defendant on the record in district court of his right to a jury trial. State v. Ciarlotta, 1990-NMCA-050, 110 N.M. 197, 793 P.2d 1350. Duty of defendant. - The purpose of requiring a prompt request for trial setting is to make clear that an extension of the six-month period for trial is not warranted if the defendant delays requesting a trial setting. State v. Trujillo, 1999-NMCA-003, 126 N.M. 603, 973 P.2d 855.