State v. Montoya

OPINION

WECHSLER, Judge.

{1} The district court dismissed the State of New Mexico’s motion to revoke the probation of Defendant Brian Bobby Montoya for failure to meet the time limits of Rule 5-805 NMRA. The State appeals, asserting that it has the constitutional right to do so. It argues (1) that the district court lacked jurisdiction to dismiss based on Rule 5-805 because Rule 5-805 unconstitutionally infringes upon the powers of the Legislature in violation of the separation of powers doctrine and (2) that the district court erred in its interpretation of Rule 5-805 by dismissing when the…