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MITCHELL v. COUNTY OF LOS ALAMOS

No. 19377.

813 P.2d 1013 (1991)

112 N.M. 215

Paul J. MITCHELL, Petitioner, v. COUNTY OF LOS ALAMOS, Respondent.

Supreme Court of New Mexico.

July 2, 1991.

Attorney(s) appearing for the Case

Jacquelyn Robins, Chief Public Defender, Sheila Lewis, Asst. Appellate Defender, Santa Fe, for petitioner.

Sandra E. Rotruck, Asst. County Atty., Los Alamos, for respondent.

OPINION

FRANCHINI, Justice.

In this case we consider whether an indigent criminal defendant may be barred from appeal because he has failed to post an appeal bond as required by NMSA 1978, Section 35-15-7(A) (Repl.Pamp. 1988). Because an opposite result would not comport with the Constitutions of the United States and the State of New Mexico, we hold that the right of an indigent defendant to an appeal cannot be conditioned upon the bonding requirement of...

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