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State v. Krause12/15/1997
Opinion Number: 1998-NMCA-013
{1} Defendant appeals a judgment of the district court in an on-record appeal from the metropolitan court. He contends that the district court erred in refusing to allow him a de novo appeal. We agree and reverse and remand to the district court for a de novo appeal.
{2} Defendant was charged in metropolitan court with driving while intoxicated, eluding an officer, and reckless driving. Because of the charge of driving while intoxicated, the trial in metropolitan court was on the record. At the close of the State's case-in-chief, a directed verdict on the charge of driving while intoxicated was granted and Defendant was convicted of eluding an officer and reckless driving. Defendant appealed this conviction to district court. His demand for a de novo appeal was denied. The appeal proceeded on the record and the conviction was upheld. Thereafter, Defendant appealed to this Court.
{3} The issue on appeal is a legal one, as to whether or not Defendant was entitled to a de novo appeal in district court. Therefore, our review of the legal issue presented is de novo and we need not give deference to the lower court's decision. . In reviewing whether Defendant is entitled to a de novo appeal, we examine Article VI, Section 27 of the New Mexico Constitution, NMSA 1978 34-8A-6(C) (1993), and the provisions of Supreme Court Rule 7-703(J), NMRA 1997. Article VI, Section 27 of our state constitution provides: "Appeals shall be allowed in all cases from the final judgments and decisions of . . . inferior courts to the district courts, and in all such appeals, trial shall be had de novo unless otherwise provided by law." Section 34-8A-6(C) states that " he metropolitan court is a court of record for criminal actions involving driving while under the influence of intoxicating liquors or drugs or involving domestic violence." This section goes on to state that " ny party aggrieved by a judgment rendered by the metropolitan court in a criminal action involving driving while under the influence of intoxicating liquors or drugs or involving domestic violence may appeal to the district court[.]" Section 34-8A-6(C). Supreme Court rules shall set forth the manner and method of that appeal. Subsection D provides that the metropolitan court is not a court of record for all other criminal actions and that a person aggrieved by a judgment rendered in these actions may appeal to district court. In such case, the appeal is de novo.
{4} Pursuant to the mandate of Section 34-8A-6(C), the Supreme Court adopted rules providing for appeals from metropolitan court to district court. Rule 7-703, NMRA 1997, describes the right and procedure for appeal from metropolitan court to district court. It defines the record on appeal and provides the procedure for perfecting the appeal. The rule further acknowledges the difference between an appeal on the record and appeals de novo: " xcept as otherwise provided by law for appeals from driving while under the influence and domestic violence offenses, trials upon appeals from the metropolitan court to the district court shall be de novo." Rule 7-703(J).
{5} Thus, it is clear that there are three types of criminal actions heard in metropolitan court, those involving driving while intoxicated and domestic violence and all others. For those actions involving driving while intoxicated and domestic violence, the metropolitan court is a court of record and defendants convicted of these offenses may only take an on record appeal to the district court. Defendants convicted of any other offenses in metropolitan court may appeal to district court and receive a trial de novo.
{6} What happens, however, when a defen
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