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County of Los Alamos v. Beckman9/6/1995
Bustamante, Judge.
The County of Los Alamos (the County) appeals from a district court order dismissing misdemeanor charges against Defendant William C. Beckman (Beckman) because he was not brought to trial in municipal court within the six-month period required by SCRA 1986, 8-506(B) (Repl. 1990) (six-month rule). The issues raised by this appeal are: (1) whether the district court erred in failing to find that Beckman waived his rights under the six-month rule, and (2) whether, upon finding a violation of the six-month rule, the district court erred in failing to also conduct a constitutional speedy trial analysis. Finding no error, we affirm.
STATEMENT OF FACTS
On July 8, 1993, Beckman was arrested for driving while intoxicated (DWI) and speeding, contrary to Los Alamos County Code Sections 10.24.140 and 10.20.020. On July 19, 1993, an amended complaint was filed against Beckman in the Los Alamos County Municipal Court. Trial was set for November 3, 1993. On motion of the court, the trial date was rescheduled to November 16, 1993. Thereafter, Beckman requested two continuances. First, Beckman orally requested a continuance of the November 16, 1993, trial date. The Judge granted the continuance and rescheduled the trial for November 19, 1993. Then, by way of a letter and a motion, Beckman requested a continuance of the November 19 trial setting because he had a mandatory employment seminar to attend on that date. In the letter, Beckman stated he would "be available for trial on any other Monday or Friday after November 30, 1993." The request for Monday or Friday settings was designed to facilitate his having to travel to Los Alamos from his home in Denver, Colorado. Beckman also notified the court that the six-month rule expired on January 18, 1994. In the motion, Beckman waived the six-month rule "to the extent of any delay caused by the granting of Motion."
In a notice of hearing letter dated December 15, 1993, the municipal court scheduled a new trial date for March 14, 1994. On March 9, 1994, Beckman filed a motion to dismiss all charges against him. Beckman argued that, pursuant to the six-month rule, his trial should have commenced on or before January 18, 1994. On March 14, 1994, the municipal court Judge denied Beckman's motion to dismiss, proceeded to trial, and found Beckman guilty of both charges. Beckman appealed to the district court.
At the district court, Beckman again argued that he was entitled to dismissal of the charges under the six-month rule asserting that the continuances he requested amounted to no more than an eleven-day delay. Beckman emphasized he was specifically arguing a violation of the six-month rule and that he was not arguing he had suffered a constitutional speedy trial violation. The County responded that any delay in setting the case for trial was Beckman's fault and also argued that dismissal was not appropriate unless the court also found a violation of Beckman's constitutional speedy trial right under the four-prong analysis enunciated by the United States Supreme Court in Barker v. Wingo, 407 U.S. 514, 528, 33 L. Ed. 2d 101, 92 S. Ct. 2182 (1972). The district court granted Beckman's motion to dismiss without elaboration.
I. Six-Month Rule Analysis
Rule 8-506(B) provides in part:
B. Dismissal for failure to prosecute. Any charge which is pending for six (6) months from the date of the arrest of the defendant or the filing of the complaint or citation against the defendant, whichever occurs latest, without commencement of a trial by the municipal court shall be dismissed with prejudice unless, after a hearing, the municipal Judge finds that the defendant was respons
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