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

• The Defendant was convicted following a no contest plea to charges of possession of a controlled substance, possession of a firearm by a felon, and possession of marijuana. The Defendant challenges the constitutionality of his firearm possession conviction, the legality of his sentence, and claims ineffective assistance of counsel.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellant: Argued that the conviction for possession of a firearm by a felon is unconstitutional under federal and New Mexico Constitutions, the sentence received was illegal, and that trial counsel provided ineffective assistance.
• Appellee: [Not applicable or not found]

Legal Issues

• Whether the Defendant's conviction for possession of a firearm by a felon is unconstitutional under the federal and New Mexico Constitutions.
• Whether the Defendant received an illegal sentence.
• Whether the Defendant's trial counsel was constitutionally ineffective.

Disposition

• The court affirmed the Defendant's convictions.

Reasons

• HANISEE, Chief Judge, BOGARDUS, Judge, and MEDINA, Judge, concurring:
  The court concluded that the Defendant failed to preserve his constitutional claims for appeal, thus not addressing them (para 1).
  The claim of an illegal sentence was considered but found unmeritorious as it presents a jurisdictional question. The court determined that the State's agreement to hold certain habitual offender proceedings in abeyance did not result in an illegal sentence (paras 3-4).
  The court found that the Defendant did not establish a prima facie case of ineffective assistance of counsel. It was noted that some claims might have been waived by not raising them in a motion to withdraw the plea. Additionally, the court found no evidence of prejudice due to the alleged ineffective assistance of counsel (paras 7-10).