Legal Opinion

State v. Calabaza

New Mexico Court of Appeals

Decided April 5, 2011No. 30,018PublishedCited by 6 opinions

1Opinion of the Court

OPINION

WECHSLER, Judge.

{1} In this unusual case, the metropolitan court ultimately enforced its sentence upon Defendant Kyle Calabaza after an approximately thirteen-month delay due to a mistake as to whether Defendant was serving his sentence during and after his appeal. Defendant now appeals the metropolitan court’s denial of his motion to dismiss. He argues that the metropolitan court’s delay in enforcing his sentence resulted in the court losing jurisdiction to incarcerate him, violated his right to speedy sentencing, and violated his right to due process. We hold that (1) the delay in…

2Cases cited18 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. State v. GarzaNew Mexico Supreme Court · 2009
  4. Jack Shields v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1967
  5. United States v. Frank MartinezCourt of Appeals for the Ninth Circuit · 1988

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3Cited by6 opinions

  1. State v. UriosteNew Mexico Court of Appeals · 2011
  2. State v. UriosteNew Mexico Court of Appeals · 2011
  3. State v. LopezNew Mexico Court of Appeals · 2017
  4. State v. LopezNew Mexico Court of Appeals · 2017
  5. State Of Washington, V Bruce Eli BrattonCourt of Appeals of Washington · 2016

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