New Mexico Supreme Court June 26, 1980, 12872, 12895 (Mascarenas v. State)

OPINION

SOSA, Chief Justice.

Defendants Mascarenas, Stelly and Ellis had appeals pending before the Court of Appeals at the time of their brief escape from the New Mexico State Penitentiary. Upon motion by the State, the court dismissed their appeals. We granted certiorari and now reverse.