AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Jonathan Gallegos, the Defendant-Appellant, appealed an order denying his motion to withdraw his plea. The appeal was proposed to be dismissed due to the late filing of Gallegos's notice of appeal.

Procedural History

• Appeal from the District Court of San Juan County, William C. Birdsall, District Judge, June 7, 2012: Order denying motion to withdraw plea.

Parties' Submissions

• Appellant: Argued against the proposed summary disposition to dismiss the appeal, presenting a memorandum in opposition.
• Appellee: [Not applicable or not found]

Legal Issues

• Whether the appeal should be dismissed due to the late filing of the notice of appeal.
• Whether the Defendant-Appellant has a claim of ineffective assistance of counsel that could be pursued in a post-conviction proceeding.

Disposition

• The appeal was dismissed for the reasons stated in the notice of proposed summary disposition.

Reasons

• Per Michael E. Vigil, J. (Roderick T. Kennedy, J., and J. Miles Hanisee, J., concurring): The court was not persuaded by the Appellant's arguments against the proposed summary disposition. It was determined that the late filing of the notice of appeal warranted the dismissal of the appeal. However, the dismissal does not preclude the Appellant from seeking to present evidence in support of claims of ineffective assistance of counsel in a post-conviction proceeding.