State v. Devine

OPINION

BUSTAMANTE, Judge.

{1} This ease requires us to determine whether, following a mistrial, the State’s amendment adding a new charge to a criminal information has the effect of renewing the defendant’s right to peremptorily excuse the presiding judge under Rule 5-106 NMRA. We conclude that, under this procedural scenario, the addition of a new charge has such an effect. We further hold that the right to excuse the presiding judge attaches upon the filing of the amended information. Defendant filed her notice of excusal following the preliminary hearing on the new charge. Therefore,…