Deadlines After a Conviction
Section 39-3-3 — thirty days from the final judgment for a defendant's appeal
30 days. In any criminal proceeding in district court, an appeal may be taken by the defendant to the supreme court or court of appeals, as appellate jurisdiction is vested by law in those courts, within thirty days from the entry of any final judgment.
Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.
Ten days. A defendant's appeal from an order denying relief on a petition to review conditions of release is taken within ten days after the order is entered. So is an application to appeal an interlocutory order, where the district court finds in the order that it involves a controlling question of law on which there is substantial ground for difference of opinion, and that an immediate appeal may materially advance the end of the case.
By the state. The state may appeal within thirty days from a decision dismissing a complaint, indictment or information as to any count, and within ten days from an order suppressing or excluding evidence or requiring the return of seized property, if the district attorney certifies the appeal is not taken for delay. No appeal is taken by the state when double jeopardy prohibits further prosecution.
Habeas corpus after a conviction, assigned counsel on appeal, a stay pending appeal, and federal habeas corpus run on rules and deadlines of their own and are not on this page. Whether a deadline has passed in a particular case is a question for a licensed New Mexico attorney.
Sources for this section (1)
- NMSA 1978, § 39-3-3 — Appeals from district court in criminal cases
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.