This memorandum opinion was not selected for pub lication in the New Mexico Reports. Please 1 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 2 Please also note that this electronic memorandum opinion may contain computer-generated 3 errors or other deviations from the official paper version filed by the Court of Appeals and does 4 not include the filing date. 5 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 6 STATE OF NEW MEXICO, 7 Plaintiff-Appellee, 8

v. NO. 30,518 9 MARC GOODMAN-NEVARREZ, 10 Defendant-Appellant. 11
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 12 Albert S. Pat Murdoch, District Judge 13 Gary K. King, Attorney General 14 Santa Fe, NM 15 for Appellee 16 Hugh W. Dangler, Chief Public Defender 17 Kathleen T. Baldridge, Assistant Appellate Defender 18 Santa Fe, NM 19 for Appellant 20

MEMORANDUM OPINION 212 CASTILLO, Judge. 1 Defendant appeals from an order denying his motion to reconsider his sentence. 2 In this Court’s notice of proposed summary disposition, we proposed to affirm. 3 Defendant has filed a memorandum in oppos ition, which we have duly considered. 4 As Defendant provides no new facts, authority, or argument that would persuade us 5 that reversal is warranted, we affirm. 6 Defendant entered into a plea agreement on September 11, 2009. [RP 123-27] 7 It stated that Defendant agreed to pleadguilty to a number of crimes for which 8 Defendant could receive a sentence of between eighteen and forty-three and a half 9 years’ imprisonment. [RP 123-24] The agreement specifically stated that there was 10 no agreement between Defendant and the State as to the sentence to be imposed within 11 this range. [RP 124] The agreement provide d that Defendant “specifically waives his 12 right to appeal as long as the court’s sentence is imposed according to the terms of this 13 agreement.” [RP 125] The agreement di d not reserve any issues for appeal. 14 The district court sentenced Defendant to a term of forty-three and a half years’ 15 imprisonment. [RP 139] Defendant appealedto this Court, challenging his sentence 16 as violative of principles of fairness, due process, and the right to be free from cruel 17 and unusual punishment. [DS 13-17] In our notice of proposed summary disposition, 18 we proposed to affirm Defendant’s se ntence because we proposed to hold that 193 Defendant waived his right to appeal his sentence on any grounds other than the 1 district court’s lack of subject matter jurisdiction. “[T]he constitu tional right to appeal 2 is waivable, and a defendant who knowingly, intelligently, and voluntarily pleads 3 guilty, waives the right to appealhis conviction and sentence.” State v. Chavarria , 4 2009-NMSC-020, ¶ 16, 146 N.M. 251, 208 P.3d 896. When a plea, as here, is 5 unconditional in that it fails to reserve the ri ght to appeal any issues, a defendant may 6 only appeal if he seeks to challenge the district court’ s subject matter jurisdiction to 7 enter the sentence imposed. Id. ¶¶ 11-12. A district court has jurisdiction to impose 8 any sentence that is permitted by statute, and constitutional challenges to a sentence 9 authorized by statute do not implicate the district court’s jurisdiction. Id . ¶ 14. 10 In Defendant’s memorandum in oppos ition, he argues, pursuant to State v. 11 Franklin , 78 N.M. 127, 129, 428 P. 2d 982, 984 (1967), and State v. Boyer , 103 N.M. 12 655, 658-60, 712 P.2d 1, 4-6 (Ct. App. 1985), that this Court should review 13 Defendant’s claims of error despite his e xpress waiver of his right to raise them. 14 However, he provides no authority to support this argument, and we are not persuaded 15 that there is any legal basis for releasi ng him from the conditions of his agreement 16 with the State. 17 Therefore, for the reasons stated in this opinion and in our notice of proposed 18 summary disposition, we affirm. 194 IT IS SO ORDERED. 1

___________________________________ 2 CELIA FOY CASTILLO, Judge 3 WE CONCUR: 4

__________________________________ 5 JAMES J. WECHSLER, Judge 6

__________________________________ 7 JONATHAN B. SUTIN, Judge 8