39-3-3. Appeals from district court in criminal cases.
326 words·~1 min read·
/nm/chapter-39-judgments-costs-appeals/article-3-appeals/39-3-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. By the defendant. In any criminal proceeding in district court an appeal may be taken by the defendant to the supreme court or court of appeals, as appellate jurisdiction may be vested by law in these courts:
(1)within thirty days from the entry of any final judgment;
(2)within ten days after entry of an order denying relief on a petition to review conditions of release pursuant to the Rules of Criminal Procedure [Rule 5-101 NMRA]; or
(3)by filing an application for an order allowing an appeal in the appropriate appellate court within ten days after entry of an interlocutory order or decision in which the district court, in its discretion, makes a finding in the order or decision that the order or decision involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from such order or decision may materially advance the ultimate termination of the litigation.
B. By the state. In any criminal proceeding in district court an appeal may be taken by the state to the supreme court or court of appeals, as appellate jurisdiction may be vested by law in these courts:
(1)within thirty days from a decision, judgment or order dismissing a complaint, indictment or information as to any one or more counts;
(2)within ten days from a decision or order of a district court suppressing or excluding evidence or requiring the return of seized property, if the district attorney certifies to the district court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding.
C. No appeal shall be taken by the state when the double jeopardy clause of the United States constitution or the constitution of the state of New Mexico prohibits further prosecution.
History: 1953 Comp., § 21-10-2.1, enacted by Laws 1972, ch. 71, § 2.