Certiorari Denied, January 7, 2010, No. 32,112
IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
Opinion Number: 2010-NMCA-019
Filing Date: November 17, 2009
Docket No. 29,551
STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
LEON PAUL SPILLMAN, JR.,
Defendant-Appellant.
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Stan Whitaker, District Judge
Gary K. King, Attorney General
Santa Fe, NM
for Appellee
Hugh W. Dangler, Chief Public Defender
Santa Fe, NM
Linda Yen, Assistant Public Defender
Albuquerque, NM
for Appellant
OPINION
VIGIL, Judge.
{1} The question presented in this appeal is whether a defendant may attack the validity of a
metropolitan court plea for the first time in an on-the-record appeal to the district court. We
conclude that because the district court sits as an appellate court in an on-the-record appeal, any
challenge to a plea must first be made in the metropolitan court. Defendant did not. We therefore
affirm the district court judgment that denied review of Defendant’s appellate claim.
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BACKGROUND
{2} Defendant was charged in the metropolitan court with battery against a household member
in violation of NMSA 1978, Section 30-3-15 (2007) (amended 2008). While represented by the
public defender’s office, Defendant pled no contest to the charge in metropolitan court pursuant to
a plea and disposition agreement, and sentence was imposed consistent with the agreement.
Defendant then appealed to the district court pro se. See NMSA 1978, § 34-8A-6(C) (1993)
(providing that a party aggrieved by a judgment rendered by the metropolitan court in a criminal
action involving domestic violence may appeal to the district court of the county in which the
metropolitan court is located); Rule 7-703(A) NMRA (“A party who is aggrieved by the judgment
or final order in a criminal action may appeal, as provided by law, to the district court of the county
within which the metropolitan court is located.”).
{3} After Defendant filed the notice of appeal pro se, he re-qualified for representation by the
public defender’s office. Defendant’s public defender then filed a “Motion to Determine Status of
Appeal” in the district court. Therein counsel acknowledged that generally, a person who has
entered a valid plea of guilty or no contest in metropolitan court is not an “aggrieved party” entitled
to appeal to district court. See State v. Ball, 104 N.M. 176, 185, 718 P.2d 686, 695 (1986).
However, counsel noted that it appeared Defendant was asserting on appeal that he did not fully
understand the basis of his plea and that he was not advised at the time of his plea that he was giving
up his right to appeal. The district court noted that this was an on-the-record appeal and ordered
statements of appellate issues be filed limited to the assertion that Defendant did not understand the
basis of his plea. See § 34-8A-6(C) (providing that the metropolitan court is a court of record for
criminal actions involving domestic abuse); Rule 7-706 NMRA (providing that in an on-the-record
appeal, the parties shall file a statement of appellate issues in the district court setting forth their
contentions on appeal).
{4} After the parties filed their respective statement of appellate issues, the district court filed
a memorandum opinion and judgment rejecting Defendant’s claim and affirmed his conviction. The
district court ruled that Defendant was required to preserve his claim that the plea was invalid in the
metropolitan court and declined to grant relief. Defendant now appeals, continuing to contest the
validity of his plea. See Rule 7-703(R) (providing that an aggrieved party may appeal from a
judgment of the district court to the Supreme Court or Court of Appeals as provided by law).
DISCUSSION
{5} This case presents a twist on State v. Gallegos, 2007-NMCA-112, 142 N.M. 447, 166 P.3d
1101. In Gallegos, the defendant entered a no contest plea in magistrate court and then appealed
to district court claiming that his plea was invalid. Id. ¶¶ 2-3. We held that, under those facts, it was
proper for the district court to hold an evidentiary hearing to determine for itself if the plea was
valid. Id. ¶¶ 11, 13, 16, 19. Our reasoning was that while a defendant may not appeal after a valid
no contest or guilty plea, the district court must still determine whether it has jurisdiction. Id. ¶¶
9, 18. If the district court concludes that the plea is valid, then the defendant is not an aggrieved
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party entitled to bring a de novo appeal to the district court, and the district court must dismiss the
appeal. Id. ¶¶ 16,18-19.
{6} This appeal is distinguishable from Gallegos. Gallegos involved a plea in magistrate court,
and then a de novo appeal to the district court. Id. ¶ 1. In contrast, this case involves a plea in
metropolitan court, and an on-the-record appeal to district court. Thus, the district court in this case
does not sit in the same capacity as the district court in Gallegos. Instead, in an on-record appeal,
the district court is the equivalent of an appellate court. Appellate courts do not typically hold
evidentiary hearings to determine whether a plea is valid. Therefore, we conclude that if Defendant
wanted to challenge the validity of his plea, the issue had to be presented in metropolitan court in
the first instance. See State v. Andazola, 2003-NMCA-146, ¶ 25, 134 N.M. 710, 82 P.3d 77 (holding
that if the defendant fails to file a motion in the trial court to withdraw his plea, he cannot attack
it for the first time on appeal). Because Defendant’s on-the-record appeal constituted an attempt to
attack his plea for the first time on appeal, the district court was without authority to address his
appellate contention because it was not preserved for appellate review by being presented to the
metropolitan court in the first instance.
{7} The district court judgment that denied review of Defendant’s appellate claim and affirmed
the judgment of the metropolitan court is affirmed.
{8} IT IS SO ORDERED.
____________________________________
MICHAEL E. VIGIL, Judge
WE CONCUR:
____________________________________
JAMES J. WECHSLER, Judge
____________________________________
RODERICK T. KENNEDY, Judge
Topic Index for State v. Spillman, No. 29,511
AE APPEAL AND ERROR
AE-PA Preservation of Issues for Appeal
AE-RA Record on Appeal
CL CRIMINAL LAW
CL-DO Domestic Violence
CA CRIMINAL PROCEDURE
CA-NP Nolo Contendere Plea
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CA-PP Plea and Plea Bargaining
JD JURISDICTION
JD-AI Appellate Jurisdiction
JD-CG Courts of Limited Jurisdiction, General
JD-DC District Court
JD-ME Metropolitan Court
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