State v. Rayburns

OPINION

CASTILLO, Judge.

{1} In this case, we examine the scope of our Supreme Court’s decision in State v. Heinsen, 2005-NMSC-035, 138 N.M. 441, 121 P.3d 1040, to determine if Heinsen permits the State to benefit from a new six-month period under Rule 5-604 NMRA when the State dismisses a magistrate court proceeding and refiles the same case in district court after the magistrate court’s exclusion of evidence as a discovery sanction. We conclude that Heinsen does not apply to the facts currently before us; therefore, we affirm the district court’s dismissal of the criminal charges against…