State v. LuceroState v. Lucero
- Reporters:
- , ,
- Before:
- Serna
OPINION
SERNA, Chief Justice.
{1} Following a jury trial, Defendant Claude Alex Lucero was convicted of possession of a deadly weapon by a prisoner contrary to
I. Facts
{2} While Defendant was an inmate at the Bernalillo County Detention Center, he was found in his cell with a metal object that was about two feet long, crushed on both ends, and sharp. The object was thought to be a part of a window frame in one of the doors at the prison. At trial, the primary issue on the charge of possession of a deadly weapon by a prisoner was whether the metal object was in fact a deadly weapon. In accordance with the State’s requested jury instruction, the trial court instructed the jury that, inter alia, the State had to prove beyond a reasonable doubt that “[t]he defendant was in possession of a metal object which, when used as a weapon, could cause death or very serious injury.” Defendant did not object to this instruction.
{3} The jury entered its verdict finding Defendant guilty of possession of a deadly weapon by a prisoner on December 15, 1998. Defendant then filed a motion for new trial on January 19, 1999. As the sole ground for a new trial, Defendant contended that the instruction given to the jury regarding the definition of a deadly weapon effectively removed the question from the jury and required a finding that the object at issue was a deadly weapon. Defendant relied on State v. Bonham, 1998 NMCA 178, 126 N.M. 382, 970 P.2d 154, in which the Court of Appeals
II. Jurisdiction
{4} On certiorari review, the State raises for the first time an argument that the trial court lacked jurisdiction to grant the motion for new trial. Defendant contends that the State failed to preserve this issue for appeal under
{5} The State argues that Defendant’s motion for new trial was not timely under
{6} The State further contends that Defendant’s failure to comply with the time requirements of Rule 5-614(C) deprived the trial court of jurisdiction to rule on the motion. We agree.
{7} We have previously addressed a similar time requirement in an analogous provision contained in the Rules of Criminal Procedure.
{8} Additionally, the history of Rule 5-614 supports the State’s jurisdictional analysis. In promulgating Rule 5-614, we derived the time requirement in subsection C of the rule from
{9} Based on our prior interpretation of a similar* rule of criminal procedure and based on highly persuasive federal authority interpreting a nearly identical rule, we conclude that the filing requirement in Rule 5-614(C) is jurisdictional. We note that, in analyzing a different time limitation in a procedural rule, we have stated that “the word ‘jurisdiction’ connotes shades of meaning.” Trujillo v. Serrano, 117 N.M. 273, 277, 871 P.2d 369, 373 (1994). In Serrano, we addressed a party’s late filing of a notice of appeal, and we distinguished between absolute jurisdictional requirements and “more equivocal jurisdictional matters [that] are better described as mandatory preconditions to the exercise of jurisdiction.” Id. We determined that a notice of appeal is a more equivocal jurisdictional matter due to the importance of the constitutional right to an appeal. See id. at 276-78, 871 P.2d at 372-74; see also Executive Sports Club, Inc. v. First Plaza Trust, 1998 NMSC 008, n. 2, 125 N.M. 78, 957 P.2d 63 (“Our decision to draw a different bright-line rule than the United States Supreme Court reflects the importance in New Mexico of the constitutional right to an appeal.”). Unlike the compelling interests underlying our decision in Serrano, however, there is no corresponding constitutional right to a motion for new trial. Like a motion to modify a sentence, a motion for new trial is governed exclusively by our procedural rules, and it is therefore distinguishable from a notice of appeal. As we emphasized in Serrano, “[i]t is incumbent upon the parties to strictly adhere to our clearly articulated rules of procedure. Procedural rules do nothing if they do not establish uniformity upon which all participants in the legal system can rely.” Serrano, 117 N.M. at 278, 871 P.2d at 374.
{10} Nevertheless, we need not decide in this case whether the jurisdictional requirement in Rule 5-614(C) is absolute or equivocal; even if we were to construe the requirement as an equivocal jurisdictional matter, this case presents none of the extremely unusual circumstances that would otherwise justify an exception from the time requirements of Rule 5-614. See Serrano, 117 N.M. at 278, 871 P.2d at 374 (“Only the most unusual circumstances beyond the control of the parties-such as error on the part of the court [in causing the untimely filing]-will warrant overlooking procedural defects.”); see also Lyman v. Kern, 2000 NMCA 013, ¶ 7, 128 N.M. 582, 995 P.2d 504 (“[I]f the order compelling arbitration was a final order, Defendants failed to appeal the order in a timely fashion and in the absence of unusual circumstances, this court does not have jurisdiction to consider their appeal.” (emphasis added)), cert. denied, No. 26,150 (2000). As a result, we conclude that the trial court was without authority to rule on the untimely motion for new trial.
{11} Because the trial court lacked jurisdiction to rule on Defendant’s motion for new trial, the Court of Appeals need not have addressed the propriety of the trial court’s order. Therefore, we affirm the Court of Appeals on different grounds, vacate the order granting a new trial, and remand with instructions to reinstate the verdict and enter judgment and sentence.
{12} IT IS SO ORDERED.
WE CONCUR: JOSEPH F. BACA, GENE E. FRANCHINI, PAMELA B. MINZNER, and PETRA JIMENEZ MAES, JJ.