State v. Martinez

OPINION

ROBLES, Judge.

{1} The State appeals a district court order dismissing four felony charges against Elíseo Santos Martinez (Defendant), pursuant to Rule 5-604 NMRA (six-month rule). On appeal, the State argues that (1) Rule 5-604(B)(5) does not require a bench warrant to be issued for a new six-month period to begin, but instead “merely requires that the defendant fail to appear” to a court setting; (2) the district court erred in determining that if a bench warrant is quashed before a defendant is arrested or surrenders, there can be no triggering event for a new six-month period under…