State v. Wilson

OPINION

APODACA, Judge.

{1} The State appeals the district court’s order dismissing certain misdemeanor charges against Defendant for prejudice due to delay. The State argues that the district court erred in applying Rule 5-604 NMRA 1997, which governs proceedings initiated in district court, to Defendant’s case. Defendant’s case originated in the magistrate court, which he appealed to district court. The State contends the case is governed by Rule 6-703 NMRA 1997. We agree and therefore reverse the district court’s order of dismissal. On remand, Defendant may reargue his constitutionally-based…