State v. Sandoval

OPINION

WECHSLER, Judge.

{1} Defendant Anthony Sandoval appeals his sentence under the Habitual Offender Act (the Act). NMSA 1978, § 31-18-17 (1993). The principal question he raises is whether the district court may commence trial if it does not grant a timely-filed petition for extension of time under Rule 5-604 NMRA 2002 until after the six-month time limit for commencement of trial has expired. We hold that Rule 5-604 requires the district court to act on the petition for extension prior to the expiration of the six-month period for commencement of trial. We therefore reverse Defendant’s…