State v. Alderete

I respectfully dissent. Alderete’s notice to the California authorities in early February of 1979 that he had filed a demand for trial in New Mexico started the running of the 180 day period within which the State of New Mexico had to bring him to trial under the Agreement on Detainers, § 31-5-12, N.M.S.A. 1978. He was not tried, in New Mexico within that time limit; nor does the record show that a continuance was granted in open court before the 180 days had expired as provided in Paragraph A, Article 3 of the Agreement. Since the State failed to try him within the applicable time limit, his…