State v. Yates

(specially concurring).

{18} I concur in the result of the majority opinion, but I respectfully disagree with the analysis. I write separately to address two issues central to the application of the six-month rule in the present cases. First, I do not consider the balancing test set forth by the majority to be consistent with the analysis currently set forth under New Mexico ease law. Second, I disagree with the majority’s assessment of State v. Lozano, 2008-NMCA-082, 144 N.M. 250, 185 P.3d 1100. I will address both issues together.

{19} I agree with the majority that in each of the courts of…