State v. Gardea

OPINION

BOSSON, Judge.

{1} In this felony prosecution in district court for driving while intoxicated (DWI), we examine the effect of a prior nolle prosequi of a misdemeanor DWI arising from the same incident that was filed in metropolitan court, when the nolle prosequi was never endorsed by the metropolitan court judge, contrary to Rule 7-506(A) NMRA 1999. The district court refused to remand the felony DWI back to metropolitan court for dismissal. On interlocutory appeal, we affirm and remand to the district court for prosecution of the felony indictment.

FACTS

{2} On July 10, 1997, Defendant…