State v. Mayfield

OPINION

DONNELLY, Judge.

1. In this case we address an aspect of NMRA 1996, 5-604 and the propriety of the district court’s dismissal of drug charges filed against Defendant based on the State’s asserted six-month rule violation. For the reasons discussed herein, we reverse the order dismissing the indictment.

FACTS AND PROCEDURAL BACKGROUND

2. Defendant was indicted on October 22, 1993, on two counts of trafficking cocaine, contrary to NMSA 1978, Section 30-31-20(A)(2) (Cum.Supp.1996). On November 16, 1993, Defendant moved to dismiss the indictment, claiming that the prosecutor back-dated the…