State v. Reyes
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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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 34,700 5 JASON REYES, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY 8 Fernando R. Macias, District Judge 9 Hector H. Balderas, Attorney General 10 Santa Fe, NM 11 for Appellee 12 Jorge A. Alvarado, Chief Public Defender 13 Kathleen T. Baldridge, Assistant Appellate Defender 14 Santa Fe, NM 15 for Appellant 16 MEMORANDUM OPINION 17 ZAMORA, Judge. 18 {1} Defendant appeals from a judgment and sentence rendered pursuant to a guilty 19 plea. We previously issued a notice of proposed summary disposition in which we 1 proposed to dismiss. Defendant has filed a memorandum in opposition. After due 2 consideration, we remain unpersuaded that this matter is properly before us. We 3 therefore dismiss. 4 {2} As we previously observed, a guilty plea generally operates as a waiver of the 5 right to appeal the resultant conviction(s) and sentence. State v. Chavarria, 20096 NMSC-020, ¶ 16, 146 N.M. 251, 208 P.3d 896 (“[T]he constitutional right to appeal 7 is waivable, and a defendant who knowingly, intelligently, and voluntarily pleads 8 guilty, waives the right to appeal his conviction and sentence.”). In his memorandum 9 in opposition Defendant acknowledges this principle. [MIO 3] Nevertheless, he 10 maintains that the sentence is “unjust and unwarranted,” [MIO 3] and he suggests that 11 counsel’s failure to file a sentencing memorandum may have contributed to this 12 outcome. [MIO 4] Insofar as these arguments are not jurisdictional, [MIO 3] we 13 remain unpersuaded that they are properly before us. See id. ¶¶ 9-10, 18 (observing 14 that appellate review of a sentence is limited to jurisdictional errors where a defendant 15 does not challenge the validity of a plea agreement, and ultimately dismissing an 16 appeal under analogous circumstances); State v. Herrera, 2001-NMCA-073, ¶ 37, 131 17 N.M. 22, 33 P.3d 22 (expressing a preference to habeas corpus proceedings over 2 1 remand when the record on appeal does not establish a prima facie case of ineffective 2 assistance of counsel). 3 {3} Accordingly, for the reasons stated above and in the notice of proposed 4 summary disposition, we dismiss. 5 {4} IT IS SO ORDERED. 6 7 M. MONICA ZAMORA, Judge 8 WE CONCUR: 9 10 JAMES J. WECHSLER, Judge 11 12 CYNTHIA A. FRY, Judge 3
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