From Casetext: Smarter Legal Research

Trujillo v. State

Supreme Court of New Mexico
Aug 22, 1977
90 N.M. 666 (N.M. 1977)

Summary

applying three-day rule to the requirement that counsel has ten days from the date of the clerk's notice to file a memo in opposition to summary disposition

Summary of this case from Rodriguez v. El Paso Electric Co.

Opinion

No. 11466.

August 22, 1977.

Patricia D. Barth, Albuquerque, for petitioner.

Toney Anaya, Atty. Gen., Santa Fe, for respondent.


OPINION


Defendant Luciano Trujillo was convicted by a jury of various offenses in district court. The Court of Appeals summarily affirmed. We granted certiorari.

On appeal defendant argues, inter alia, that the Court of Appeals improperly summarily affirmed his conviction because his memorandum in opposition to summary disposition was untimely filed. The facts indicated that defendant's appeal was assigned to the summary calendar on May 3, 1977. Notice thereof was received on May 5 by defendant's counsel. The memorandum in opposition was mailed from Albuquerque on May 13 (Friday) and filed in the Court of Appeals on Monday, May 16. Defendant argues that in this case N.M.R. Crim. App. 302(b) [§ 41-23A-302(b), N.M.S.A. 1953 (Supp. 1975)] allows an extra three days for mailing. Rule 302(b) states: "Additional Time After Service by Mail. Whenever a party is required or permitted to do an act within a prescribed period after service of a paper upon him and the paper is served by mail, three [3] days shall be added to the prescribed period." Defendant's memorandum was not untimely filed.

The Court of Appeals' summary affirmance is reversed with directions to consider the issues raised on appeal.

McMANUS, C. J., and EASLEY, PAYNE and FEDERICI, JJ., concur.


Summaries of

Trujillo v. State

Supreme Court of New Mexico
Aug 22, 1977
90 N.M. 666 (N.M. 1977)

applying three-day rule to the requirement that counsel has ten days from the date of the clerk's notice to file a memo in opposition to summary disposition

Summary of this case from Rodriguez v. El Paso Electric Co.

applying three-day rule to the requirement that counsel has ten days from the date of the clerk's notice to file a memo in opposition to summary disposition

Summary of this case from State v. Jasper
Case details for

Trujillo v. State

Case Details

Full title:Luciano TRUJILLO, Petitioner v. STATE of New Mexico, Respondent

Court:Supreme Court of New Mexico

Date published: Aug 22, 1977

Citations

90 N.M. 666 (N.M. 1977)
568 P.2d 192

Citing Cases

State v. Jasper

We do not reach the question, raised in the briefs, whether the appellate three-day mailing rule applies in…

Saiz v. Barham

However, service having been made by mail, and plaintiff having a right to file suit after the decision was…