State v. Solano

OPINION

APODACA, J.

{1} The State appeals from dismissal of the criminal charges against Defendant under Rule 5 — 604(B)(5) NMRA 1998 (providing for criminal trial within six months of the date of the defendant’s arrest for failure to appear) (the six-month rule). According to the State, the trial court should have commenced calculation of the six-month rule from the date when New Mexico authorities arrested Defendant and took him into custody rather than the date of his arrest in Colorado by Colorado authorities. We disagree and therefore affirm the trial court’s dismissal.

I. FACTUAL AND…