STATE v. MANUELITO

No. 13913.

851 P.2d 516 (1993)

115 N.M.App. 394

STATE of New Mexico, Plaintiff-Appellee, v. Darrell MANUELITO, Defendant-Appellant.

Court of Appeals of New Mexico.

March 29, 1993.


Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Gail MacQuesten, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Sue A. Herrmann, Santa Fe, for defendant-appellant.


OPINION

CHAVEZ, Judge.

Defendant appeals the dismissal of his appeal to district court from his metropolitan court conviction for battery. The dismissal was based on the untimely filing of his appeal in district court. Defendant raises two issues on appeal: (1) whether defense counsel's failure to timely file a notice of appeal raises a conclusive presumption of ineffective assistance of counsel; and (2) whether the district court erred in dismissing...

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