State v. Candelario

OPINION

ALARID, Judge.

{1} In State v. Rackley, 2000-NMCA-027, 128 N.M. 761, 998 P.2d 1212, this Court held that the defendant’s trial commenced for purposes of the district court six-month rule when the jury was selected. The present case raises the question of when a trial commences for purposes of the metropolitan court’s counterpart to the six-month rule (the 182-day rule) when a defendant is tried by a judge rather than a jury. Applying the principles enunciated in Rackley and related six-month rule cases, we conclude that the 182-day rule was satisfied in this ease, notwithstanding the…