State v. Perez

OPINION

FEDERICI, Justice.

Defendant, Perez, was tried for the murder of Juan Rael in Albuquerque. Ricky Garcia, an inmate of the State Penitentiary, was listed as a defense witness, though he was never subpoenaed. Garcia was transported to Albuquerque on the afternoon before he was to testify. He escaped from the parking lot of the Bernalillo Detention Center that afternoon. Prior to resumption of trial the following morning, a Wednesday, the defense moved for a continuance for a “reasonable period of time to allow Garcia to be captured and to testify.” In the alternative, the defense moved…