Olguin v. New

The defendant Olguin seeks relief by relying upon the New Mexico Constitution, art. VI, § 2. That section provides "that an aggrieved party shall have an absolute right to one appeal." This does not mean that a party can disregard time limits provided for in the rules of appellate procedure. The right of appeal is provided for in the Constitution while the means for exercising that right are properly controlled by rules of procedure. State v. Garlick, 80 N.M. 352, 456 P.2d 185 (1969). The defendants constitutional right to appeal was not abridged by the dismissal for failure to follow procedural rules.