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State v. Krause12/15/1997
ow does not mean that an appeal cannot be heard de novo.
{12} Our determination here is consistent with a recent amendment to the metropolitan court rules which makes clear what we have held here.
If the defendant appeals from the conviction of more than one offense one or more of which is an on the record conviction and one or more of which is a de novo appeal conviction, the appeal of all convictions shall be on the record. Unless the defendant appeals an on the record conviction, the appeal shall be a de novo appeal even though the proceedings have been recorded.
Rule 7-705(A), NMRA 1997 (effective Sept. 2, 1997). We do not believe that this amendment changes the law, but simply clarifies the procedure for appeals from the metropolitan court.
{13} We reverse the judgment upholding the metropolitan court conviction and remand to the district court for a trial de novo on the eluding an officer and reckless driving charges.
{14} IT IS SO ORDERED.
A. JOSEPH ALARID, Judge
WE CONCUR: HARRIS L HARTZ, Chief Judge THOMAS A. DONNELLY, Judge
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