[DOWNLOAD] "Masterman v. State" by New Mexico Court of Appeals # Book PDF Kindle ePub Free

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eBook details

• Title: Masterman v. State
• Author : New Mexico Court of Appeals
• Release Date : January 12, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Opinion Number: 1998-NMCA-126 APPEAL FROM THE DISTRICT COURT OF VALENCIA COUNTY John W. Pope, District Judge {1} Respondent Taxation and Revenue Department, Motor Vehicle Division (the Division) appeals the district court's order reinstating the driving privileges of Petitioner Tena Masterman (Driver). Driver filed a ""Petition For Judicial Review"" in the district court seeking an order directing the Division to correct its records to reflect a DWI dismissal under an Amended Judgment and Sentence entered by the magistrate court in Valencia County. The Division raises three issues on appeal: (1) the district court was without jurisdiction to act or rule on Driver's untimely petition; (2) the magistrate court had no authority to amend its original judgment finding Driver guilty and imposing sentence to a later judgment finding Driver not guilty; and (3) even if the magistrate court had that authority, the amended judgment had no effect on the Division's records of Driver's DWI conviction for license revocation purposes. We reverse sua sponte because of Driver's failure to properly invoke the district court's jurisdiction. We therefore need not reach the issues raised by the Division. I. FACTUAL AND PROCEDURAL BACKGROUND

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