Salandre v. State

OPINION

RANSOM, Justice.

We granted certiorari in this “speedy trial” case because the opinion of the court of appeals implicated the allocation of burden of proof recently addressed in Zurla v. State, 109 N.M. 640, 789 P.2d 588 (1990). In Zurla we overruled that part of State v. Tartaglia, 108 N.M. 411, 773 P.2d 356 (Ct.App.), cert. denied, 108 N.M. 318, 772 P.2d 352 (1989) (Tartaglia I), which appeared to place the burden of persuasion on the defendant to show actual prejudice resulting from delay deemed “presumptively prejudicial.” See also Work v. State, 111 N.M. 145, 803 P.2d 234 (1990)…