This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Defendant entered a plea of no contest to second-degree murder. The case concerns the Defendant's appeal of the district court's judgment and sentence, which were based on this plea. The Defendant did not reserve any issues for appellate review in the plea agreement, which explicitly waived his right to appeal and other defenses.
Procedural History
- District Court of Bernalillo County, presided by Judge Albert S. “Pat” Murdoch: The Defendant was convicted and sentenced following a plea of no contest to second-degree murder.
Parties' Submissions
- Defendant-Appellant: Argued pro se that the district court's judgment and sentence should be overturned, raising claims including ineffective assistance of counsel and other unspecified issues.
- Plaintiff-Appellee: Argued that the Defendant's plea agreement waived his right to appeal and that any claims of ineffective assistance of counsel or other issues should be pursued through a habeas corpus proceeding.
Legal Issues
- Whether the Defendant's plea of no contest waived his right to appeal non-jurisdictional issues.
- Whether the Defendant's claims, including ineffective assistance of counsel, could be addressed on direct appeal.
Disposition
- The Court of Appeals affirmed the district court's judgment and sentence.
Reasons
Per Vigil J. (Wechsler and Kennedy JJ. concurring):
The Court held that a plea of no contest, when voluntarily made with the advice of counsel and full understanding of its consequences, waives the right to appeal non-jurisdictional issues unless explicitly reserved in the plea agreement. In this case, the Defendant's plea agreement did not reserve any issues for appellate review and explicitly waived his right to appeal.
The Court further noted that claims of ineffective assistance of counsel are not matters of record and cannot be reviewed on direct appeal. Such claims must be pursued through a habeas corpus proceeding. Consequently, the Court affirmed the district court's judgment and sentence.