Rule 7-702. Advising defendant of right to appeal.

A. Duty of metropolitan court. At the time of entering a judgment and sentence, the court shall advise the defendant of the defendant’s right to the following: (1) a new trial in the district court, if the appeal is an appeal de novo; or (2) an appeal to the Court of Appeals, if the appeal is on-record. B. Filing of the notice of appeal. The court shall also advise the defendant that if the defendant wishes to appeal, the defendant may do so as follows: (1) if the appeal is an appeal de novo, a notice of appeal shall be filed in the district court within fifteen (15) days after entry of the judgment and sentence; or (2) if the appeal is an appeal on the record, a notice of appeal shall be filed in the metropolitan court within thirty (30) days after the entry of the judgment and sentence. C. Appeal on the record or de novo. (1) The following criminal appeals from metropolitan court shall be appeals on the record to the Court of Appeals: (a) driving while under the influence of intoxicating liquor or drugs; or (b) “domestic abuse” of a “household member” as those terms are defined in Section 40-13-2 NMSA 1978 of the Family Violence Protection Act. (2) All other criminal appeals from metropolitan court shall be de novo to the district court. (3) If the defendant appeals from the conviction of more than one offense, one or more of which is an on-the-record conviction and one or more of which is a de novo appeal conviction, the appeal of all convictions shall be on the record. Unless the defendant appeals an on-the-record conviction, the appeal shall be a de novo appeal, even though the proceedings have been recorded. D. Audio recordings in on-record appeals. An audio recording and corresponding index log shall be made of all criminal proceedings in which the metropolitan court is a court of record. When an appeal on the record is specifically permitted by law, the audio recording and corresponding index log shall be a part of the record on appeal. Audio records shall be preserved for ninety (90) days after the entry of mandate.