Rule 7-703. De novo appeal from metropolitan court to district court.

A. Right of appeal. A party who is aggrieved by the judgment or final order in a criminal action, other than those identified in Rule 7-702 NMRA as requiring an on- record appeal, may appeal, as permitted by law, to the district court of the county within which the metropolitan court is located. The notice of appeal shall be filed in the district court within fifteen (15) days after the judgment or final order appealed from is filed in the metropolitan court clerk’s office in accordance with Rule 5-827 NMRA. B. Conditions of release. The appearance bond set to ensure the defendant’s appearance for trial shall be released. The metropolitan court may set an appeal bond to ensure the defendant’s appearance in the district court on appeal and may set any conditions of release as are necessary to ensure the appearance of the defendant or the orderly administration of justice. The court may use the criteria listed in Rule 7- 401(C) NMRA and may also consider the fact of the defendant’s conviction and the length of the sentence imposed. The amount of the appeal bond and the conditions of release shall be included in the judgment and sentence. Nothing in this rule shall be construed to prevent the court from releasing a person not released before or during trial. On filing of the notice of appeal, the appeal bond shall be transferred to the district court pending disposition of the appeal. The district court shall dispose of all matters relating to the appeal bond until remand to the metropolitan court. C. Review of terms of release. If the metropolitan court has refused release pending appeal or has imposed conditions of release that the defendant cannot meet, the defendant may file a petition for release with the clerk of the district court at any time after the filing of the notice of appeal. A copy of the petition for release that has been endorsed by the clerk of the district court shall be filed with the metropolitan court. If the district court releases the defendant on appeal, a copy of the order of release shall be filed in the metropolitan court. D. Stay of execution of sentence. Execution of any sentence, fine, fee, or probation shall be stayed pending the results of the appeal to the district court. An abstract of record of the defendant’s conviction shall not be prepared and sent in accordance with Section 66-8-135 NMSA 1978 until the later of the following dates: (1) expiration of the deadline for filing a notice of appeal under this rule if the defendant does not file a notice of appeal; or (2) ten (10) days after remand from the district court or issuance of mandate by the Court of Appeals or Supreme Court if the defendant files a notice of appeal under this rule.