Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,888 documents
Rule Set 8 - Rules of Procedure for the Municipal Courts - cited by 380 documents
Decision Content
CITY OF AZTEC V. J GROH
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.
CITY OF AZTEC, Plaintiff-Appellee,
v.
JOHN GROH, Defendant-Appellant.
Docket No. 29,039
COURT OF APPEALS OF NEW MEXICO
May 1, 2009
APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY, Sandra
A. Price, District Judge.
COUNSEL
Thrower Law Firm, Larry T. Thrower, Farmington, NM, for Appellee.
John Groh, Farmington, NM, Pro Se Appellant.
JUDGES
RODERICK T. KENNEDY, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, JONATHAN B. SUTIN, Judge
AUTHOR:
MEMORANDUM OPINION
KENNEDY, Judge.
Defendant appeals his conviction on three municipal ordinances in 2005. [DS Ex. A 1-3] Defendant asserts the district court violated his due process rights by improperly dismissing his de novo appeal and remanding his case for enforcement of the previous sentence under Rule 8-703 NMRA. This Court issued a calendar notice assigning this case to the summary calendar and proposing summary reversal on January 26, 2009. The City did not file a response to our proposed disposition. Defendant filed a memorandum both in support and in opposition on February 17, 2009, arguing the charges against him should be dismissed because the district court lacked jurisdiction. We are unpersuaded by Defendant’s arguments and reiterate the district court need not have granted Defendant’s motion to dismiss the charges, but it should have provided Defendant with a de novo trial. That trial will provide Defendant with an opportunity to raise his other issues.
Accordingly, the district court’s decision dismissing Defendant’s appeal is reversed for the reasons stated in our calendar notice.
IT IS SO ORDERED.
RODERICK T. KENNEDY, Judge
WE CONCUR:
JAMES J. WECHSLER, Judge
JONATHAN B. SUTIN, Judge