Rule 5-702 NMRA
Rule 5-702. Advising defendant of a right to appeal.
A. Advice by court. At the time of imposing or deferring sentence in a case which
has gone to trial on a plea of not guilty, the court shall advise the defendant of his right
to appeal and of the right of a person who is unable to pay the cost of an appeal to
proceed at state expense.
B. Duties of defense counsel. In addition to the advice given by the court, defense
counsel shall, within the time provided in the Rules of Appellate Procedure, file with the
court one of the following documents:
(1)
a notice of appeal in compliance with Rule 12-201 of the Rules of
Appellate Procedure; or
(2)
an affidavit, substantially in the form approved by the supreme court,
signed and sworn to by defendant and witnessed by counsel stating defendant's
decision not to appeal.