State v. Loya

OPINION

BUSTAMANTE, Judge.

{1} Defendant Carlos Loya appeals from his conviction of felony aggravated DWI in violation of NMSA 1978, Section 66-8-102(D)(3) (2007, prior to amendments through 2010). Defendant contends that it was error for the district court to try his ease after he moved for dismissal based upon a violation of the six-month rule set forth in Rule 5-604 NMRA. As of March 23, 2011, a new rule applies to all pending eases. After analyzing the ease in light of the new rule, we affirm.

I. BACKGROUND

{2} On April 13, 2008, Defendant was pulled over for driving at night without…