State v. Sharp

OPINION

SUTIN, Judge.

{1} In a de novo appeal from magistrate court, the district court dismissed with prejudice the charges against Defendant owing to a violation of Rule 6-506 NMRA, commonly referred to as “the six-month rule.” The district court’s stated reasons for dismissing the case were (1) the State’s failure to respond, in writing, to Defendant’s magistrate court motion to dismiss, and (2) the magistrate court’s failure to provide a statement in the record as to the extraordinary basis pursuant to Rule 6-506(C)(5) upon which it found exceptional circumstances to extend the time limit…