{
  "id": 1575550,
  "name": "STATE of New Mexico, Petitioner, v. Ricardo AGUILAR, Respondent",
  "name_abbreviation": "State v. Aguilar",
  "decision_date": "1981-02-23",
  "docket_number": "No. 13169",
  "first_page": "578",
  "last_page": "579",
  "citations": [
    {
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      "cite": "95 N.M. 578"
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      "cite": "624 P.2d 520"
    }
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  "court": {
    "name_abbreviation": "N.M.",
    "id": 8835,
    "name": "Supreme Court of New Mexico"
  },
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    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
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      "cite": "622 P.2d 1046",
      "category": "reporters:state_regional",
      "reporter": "P.2d",
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    {
      "cite": "95 N.M. 426",
      "category": "reporters:state",
      "reporter": "N.M.",
      "opinion_index": 0
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    {
      "cite": "20 N.M.St.B.Bull. 163",
      "category": "reporters:state",
      "reporter": "N.M. St. B. Bull.",
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  "last_updated": "2023-07-14T19:05:15.389388+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "SOSA, Senior Justice, and PAYNE, FEDERICI and RIORDAN, JJ., concur."
    ],
    "parties": [
      "STATE of New Mexico, Petitioner, v. Ricardo AGUILAR, Respondent."
    ],
    "opinions": [
      {
        "text": "OPINION\nEASLEY, Chief Justice.\nAguilar was convicted of aggravated assault with a deadly weapon (a firearm). The trial court ruled that the mandatory incarceration provision of the firearm enhancement statute, Section 31-18-16, N.M. S.A. 1978 (Cum.Supp.1980), is unconstitutional as a violation of the doctrine of separation of powers. The trial court then sentenced Aguilar to one year enhanced by the additional one year mandated by the enhancement statute, suspended the entire sentence, and placed Aguilar on probation. The State appealed the sentence. The Court of Appeals dismissed the appeal on the ground that the State had no right to an appeal in these circumstances and should have petitioned this Court for extraordinary relief. We granted certiorari and reverse the Court of Appeals and reinstate the appeal.\nThe sole issue is whether the State, under the circumstances of this case, has a right to an appeal.\nThe State acknowledges that it has no statutory right to an appeal under Section 39-3-3, N.M.S.A. 1978. However, the State contends that it has a constitutional right to an appeal under Article VI, Section 2 of the New Mexico Constitution, which provides, in part, that \u201c[i]n all other cases, criminal and civil, the supreme court shall exercise appellate jurisdiction as may be provided by law; provided that an aggrieved party shall have an absolute right to one appeal.\u201d Thus the key question presented is whether the State is an \u201caggrieved party\u201d in this case for the purpose of an appeal.\nThis issue was recently considered by the Court of Appeals in State v. Santillanes, 20 N.M.St.B.Bull. 163, 95 N.M. 426, 622 P.2d 1046 (App.1980). Both parties have petitioned this Court for a writ of certiorari in that case. The defendant\u2019s petition, which raised the issue presented here, was denied on January 19, 1981. The State\u2019s petition, granted on January 28, 1981, does not question that portion of the Court of Appeals\u2019 opinion relevant here.\nIn Santillanes, the State appealed from an order of the trial court striking a supplemental information which alleged a second violation of the Controlled Substances Act for the purpose of enhancing the sentence, on the basis that such an enhancement, after sentence had been imposed, would violate the double jeopardy clause. The Court of Appeals held that the State is an \u201caggrieved party\u201d under N.M.Const. Art. VI, \u00a7 2 where it alleges a disposition contrary to law in a criminal proceeding.\nWe agree with the result and reasoning of the Court of Appeals\u2019 opinion authored by Judge Walters in Santillanes and adopt that portion of the opinion pertaining to this issue. We therefore hold that the State is an \u201caggrieved party\u201d under the circumstances of this case and has a constitutional right to an appeal.\nWe limit our holding to the facts of this case and caution that the State does not have an absolute right to appeal in every situation in which it may feel \u201caggrieved\u201d by a trial court\u2019s ruling. Our decision is founded upon the State\u2019s strong interest in the enforcement of its statutes. Where, as here, the trial court refuses to enforce a state sentencing statute on the basis that it is unconstitutional, the State is an aggrieved party with an absolute right to appellate review of that ruling under Article VI, Section 2 of the New Mexico Constitution.\nThe dismissal of the appeal by the Court of Appeals is reversed. The appeal is reinstated and remanded to the Court of Appeals for a consideration of the merits of the appeal.\nIT IS SO ORDERED.\nSOSA, Senior Justice, and PAYNE, FEDERICI and RIORDAN, JJ., concur.",
        "type": "majority",
        "author": "EASLEY, Chief Justice."
      }
    ],
    "attorneys": [
      "Jeff Bingaman, Atty. Gen., Marcia E. White, Asst. Atty. Gen., Santa Fe, for petitioner.",
      "Martha A. Daly, Appellate Defender, Santa Fe, for respondent."
    ],
    "corrections": "",
    "head_matter": "624 P.2d 520\nSTATE of New Mexico, Petitioner, v. Ricardo AGUILAR, Respondent.\nNo. 13169.\nSupreme Court of New Mexico.\nFeb. 23, 1981.\nJeff Bingaman, Atty. Gen., Marcia E. White, Asst. Atty. Gen., Santa Fe, for petitioner.\nMartha A. Daly, Appellate Defender, Santa Fe, for respondent."
  },
  "file_name": "0578-01",
  "first_page_order": 610,
  "last_page_order": 611
}