Opinion
NO. 34,700
09-29-2015
STATE OF NEW MEXICO, Plaintiff-Appellee, v. JASON REYES, Defendant-Appellant.
Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Jorge A. Alvarado, Chief Public Defender Kathleen T. Baldridge, Assistant Appellate Defender Santa Fe, NM for Appellant
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY
Fernando R. Macias, District Judge
Hector H. Balderas, Attorney General
Santa Fe, NM
for Appellee Jorge A. Alvarado, Chief Public Defender
Kathleen T. Baldridge, Assistant Appellate Defender
Santa Fe, NM
for Appellant
MEMORANDUM OPINION
ZAMORA, Judge. {1} Defendant appeals from a judgment and sentence rendered pursuant to a guilty plea. We previously issued a notice of proposed summary disposition in which we proposed to dismiss. Defendant has filed a memorandum in opposition. After due consideration, we remain unpersuaded that this matter is properly before us. We therefore dismiss. {2} As we previously observed, a guilty plea generally operates as a waiver of the right to appeal the resultant conviction(s) and sentence. State v. Chavarria, 2009-NMSC-020, ¶ 16, 146 N.M. 251, 208 P.3d 896 ("[T]he constitutional right to appeal is waivable, and a defendant who knowingly, intelligently, and voluntarily pleads guilty, waives the right to appeal his conviction and sentence."). In his memorandum in opposition Defendant acknowledges this principle. [MIO 3] Nevertheless, he maintains that the sentence is "unjust and unwarranted," [MIO 3] and he suggests that counsel's failure to file a sentencing memorandum may have contributed to this outcome. [MIO 4] Insofar as these arguments are not jurisdictional, [MIO 3] we remain unpersuaded that they are properly before us. See id. ¶¶ 9-10, 18 (observing that appellate review of a sentence is limited to jurisdictional errors where a defendant does not challenge the validity of a plea agreement, and ultimately dismissing an appeal under analogous circumstances); State v. Herrera, 2001-NMCA-073, ¶ 37, 131 N.M. 22, 33 P.3d 22 (expressing a preference to habeas corpus proceedings over remand when the record on appeal does not establish a prima facie case of ineffective assistance of counsel). {3} Accordingly, for the reasons stated above and in the notice of proposed summary disposition, we dismiss.
{4} IT IS SO ORDERED.
/s/ _________
M. MONICA ZAMORA, Judge
WE CONCUR:
/s/ _________
JAMES J. WECHSLER, Judge
/s/ _________
CYNTHIA A. FRY, Judge