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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. No. 31,903 JONATHAN GALLEGOS, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY William C. Birdsall, District Judge Gary K. King, Attorney General Santa Fe, NM for Appellee Jacqueline L. Cooper, Chief Public Defender J.K. Theodosia Johnson, Assistant Appellate Defender Santa Fe, NM for Appellant 16 MEMORANDUM OPINION VIGIL, Judge.

18 Gallegos appeals an order denying his motion to withdraw his plea. In our notice of proposed summary disposition, we proposed to dismiss Gallegos’s appeal, since Gallegos’s notice of appeal was filed late. Gallegos has filed a memorandum in opposition, which we have duly considered. As we are not persuaded by his arguments, we dismiss this appeal for the reasons stated in our notice of proposed summary disposition. To the degree that Gallegos may have a claim of ineffective assistance of counsel based on either (1) his new counsel’s failure to timely file the notice of appeal or (2) his prior counsel’s representation of him in entering the plea, our dismissal of this appeal does not prevent him from seeking to present evidence in support of those arguments in a post-conviction proceeding.

9 IT IS SO ORDERED.

10 _______________________________ 11 MICHAEL E. VIGIL, Judge WE CONCUR:

13 _________________________________ RODERICK T. KENNEDY, Judge

15 _________________________________ J. MILES HANISEE, Judge