State v. Stallings

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This memorandum opinion was not selected for publication in the New Mexico Appellate 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 STATE OF NEW MEXICO 3 Plaintiff-Appellee, 4 v. No. 32,228 5 RICKY GERARD STALLINGS, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY 8 Thomas J. Hynes, District Judge 9 Gary K. King, Attorney General 10 Santa Fe, NM 11 for Appellee 12 Bennett J. Baur, Acting Chief Public Defender 13 Will O Connell, Assistant Appellate Defender 14 Santa Fe, NM 15 for Appellant 16 MEMORANDUM OPINION 17 SUTIN, Judge. 18 {1} Pursuant to a joint plea and disposition agreement, Defendant pleaded guilty 1 to receiving or transferring a stolen vehicle, receiving stolen property, larceny, and 2 escape or attempt to escape from jail. [RP 108-09, D-1116-CR-2007-00657] On 3 appeal, Defendant contends that (1) the failure to afford Defendant extradition due 4 process resulted in an improper search and seizure of Defendant [DS 3], and (2) 5 Defendant was not advised of the dangers of representing himself or afforded 6 reasonable access to resources in order to prepare his defense [DS 4]. This Court 7 issued a calendar notice proposing to affirm. Defendant has filed a memorandum in 8 opposition, which we have duly considered. Unpersuaded, we affirm. 9 {2} In this Court s calendar notice we pointed out that a voluntary guilty plea 10 ordinarily constitutes a waiver of the defendant s right to appeal his conviction on 11 other than jurisdictional grounds. State v. Hodge, 118 N.M. 410, 414, 882 P.2d 1, 12 5 (1994). Because Defendant s plea agreement did not reserve any issues for appeal, 13 we suggested that Defendant was limited to raising jurisdictional issues. We further 14 proposed to conclude that Defendant s claims of improper extradition process and lack 15 of resources were not jurisdictional and were therefore waived by Defendant s guilty 16 plea. See State v. Nysus, 2001-NMCA-023, ¶ 8, 130 N.M. 431, 25 P.3d 270 ( New 17 Mexico s Extradition Act provides specific penalties in the form of criminal 18 prosecution and monetary fines for violating the rights of the accused. It is 2 1 unnecessary to invoke the extreme sanction of depriving a court of jurisdiction in 2 order to safeguard those rights[.] ). 3 {3} Defendant has filed a memorandum in opposition, but does not address this 4 Court s proposed summary affirmance on the ground that Defendant is limited, by 5 virtue of his plea, to raising jurisdictional issues and the arguments raised are not 6 jurisdictional. See State v. Ibarra, 116 N.M. 486, 489, 864 P.2d 302, 305 (Ct. App. 7 1993) ( A party opposing summary disposition is required to come forward and 8 specifically point out errors in fact and/or law. ). Accordingly, for the reasons stated 9 in this Court s notice of proposed disposition, we affirm. 10 {4} IT IS SO ORDERED. 11 12 __________________________________ JONATHAN B. SUTIN, Judge 13 WE CONCUR: 14 ___________________________________ 15 RODERICK T. KENNEDY, Chief Judge 16 ___________________________________ 17 JAMES J. WECHSLER, Judge 3

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