Barreras v. New Mexico Motor Vehicle Division

{1} Respondent (sometimes called Motor Vehicle Division or MVD) appeals from the district courts granting of Petitioners petition for a writ of mandamus by a final order, ordering that his plea of guilty to a traffic offense, made pursuant to signing a uniform traffic citation, be withdrawn and that the metropolitan court proceed to trial on the matter. We affirm because the defects about which Respondent complains were waived or are without merit, and any potentially meritorious issues were raised on appeal for the first time in the reply brief, which is considered too late to raise an issue for consideration on appeal. See Jaramillo v. Fisher Controls Co., 102 N.M. 614, 625, 698 P.2d 887, 898 (Ct. App. 1985) ("An issue raised for the first time in the reply brief will not be considered.").