State v. Martinez

OPINION

CASTILLO, Judge.

{1} The State appeals the district court’s reversal of the metropolitan (metro) court’s denial of Defendant’s motion to dismiss based on a violation of the six-month rule. We affirm.

I. BACKGROUND

{2} On April 13, 2005, Defendant was arraigned on charges of driving while intoxicated (DWI), driving with a revoked license, and speeding. The metro court six-month rule, Rule 7-506(B) NMRA, required Defendant’s trial to commence within 182 days of arraignment, which in this case would have been on or before October 12, 2005. The first pretrial conference was held on April 28,…