Legal Opinion
State v. Tortolito
New Mexico Court of Appeals
Decided October 21, 1997No. 17338PublishedCited by 15 opinions
1Opinion of the Court
OPINION
ARMIJO, Judge.
1. Defendant appeals from the trial court’s decision to increase his sentence because of aggravating circumstances and the denial of his motions to dismiss based on his constitutional right to a speedy trial. Balancing the four factors articulated in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 38 L.Ed.2d 101 (1972), we determine that Defendant’s constitutional right to a speedy trial was not violated by delays which are largely attributable to the collection and scientific analysis of DNA evidence. We also affirm the trial court’s decision to increase Defendant’s…
2Cases cited23 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- North Carolina v. AlfordSupreme Court of the United States · 1970
- Swafford v. StateNew Mexico Supreme Court · 1991
- State v. LuceroNew Mexico Court of Appeals · 1986
- Springfield v. StateWyoming Supreme Court · 1993
18 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. RojoNew Mexico Supreme Court · 1998
- State v. LaneyNew Mexico Court of Appeals · 2003
- State v. MontoyaNew Mexico Court of Appeals · 2011
- State v. PlouseNew Mexico Court of Appeals · 2003
- State v. TodiscoNew Mexico Court of Appeals · 2000
10 more not listed; retrieve them via the Exa API.