State v. Lozano

OPINION

PICKARD, Judge.

{1} This case is another in which we are called upon to determine whether the State met its burden to demonstrate that its dismissal of a complaint in magistrate court followed by the refiling of the same charge in district court was not done for bad reasons or to circumvent the six-month rule. In contrast to State v. Rayburns, 2008-NMCA-050, 143 N.M. 803, 182 P.3d 786, cert, granted, 2008-NMCERT-004, 144 N.M. 49, 183 P.3d 934 [ (No. 31,021) (April 18, 2008) ], and State v. Carreon, 2006-NMCA-145, 140 N.M. 779, 149 P.3d 95, cert, quashed, 2007-NMCERT-008, 142 N.M. 436,…