State v. Flores
340 P.3d 622
| N.M. Ct. App. | 2015Background
- Unpublished memorandum opinion; defendant appeal from San Miguel County conviction for DWI (6th offense).
- Defendant pled guilty to the offense; appeal targets denial of a pre-plea motion.
- Defendant did not reserve the right to appeal; plea operates as waiver of appellate rights.
- Arguments center on whether Chavarria preserves an appeal despite unconditional plea and how Hodge applies.
- Court dismisses the appeal as untimely or waived under the unconditional guilty plea framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does an unconditional guilty plea waive the right to appeal a pre-plea denial? | Waiver applies under Hodge; appeal barred. | Chavarria may allow preservation; objections to waiver still viable. | Yes; waiver applied; appeal dismissed. |
| Should the record support a conditional-plea preservation of appeal? | State consent and court approval required for conditional plea; not met here. | Trial counsel intended a conditional plea; the record may show preservation. | Record fails to show proper preservation of a conditional plea. |
| Was there a basis to consider ineffective assistance of counsel to permit appellate review? | Not necessary to address if waiver controls. | Counsel's performance could establish a prima facie case for relief. | Defendant failed to show prima facie ineffective assistance; no relief. |
Key Cases Cited
- State v. Hodge, 118 N.M. 410 (N.M. 1994) (unconditional guilty plea waives the right to appeal)
- State v. Chavarria, 146 N.M. 251 (N.M. 2009) (dismisses an appeal following an unconditional plea)
- State v. Padilla, 139 P.3d 640 (N.M. Ct. App. 2006) (conditional plea contemplates state consent and court approval)