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State v. Marquez6/26/2001
Arthur Marquez (Defendant) appeals his conviction of driving under the influence (DUI). He contends that he was denied his right to a speedy trial as guaranteed by the Sixth and Fourteenth Amendments of the United States Constitution and the N.M. Const. art. II, § 14. We conclude that Defendant's right to a speedy trial was violated and reverse his conviction.
FACTUAL AND PROCEDURAL BACKGROUND
On December 3, 1997, Defendant was arrested for DUI and various other misdemeanor traffic offenses. The following day, he appeared before the metropolitan court and was subsequently released on his own recognizance subject to several conditions of release. One of those conditions was that he was not permitted to leave Bernalillo County without the permission of the court.
Five months after his arrest, on May 6, 1998, Defendant was indicted by a grand jury. He was subsequently arrested on July 3, 1998 and arraigned on July 13, 1998. The district court released Defendant on a $3,500 bond subject to various conditions, including the condition that he would not leave the county without the permission of the court.
On October 8, 1998, district court personnel mistakenly docketed a nolle prosequi, effectively dismissing Defendant's charges without prejudice. The nolle prosequi was intended to be filed in metropolitan court, not in district court.
On October 29, 1998, the State tendered a plea offer to Defendant. From this date until January 11, 1999, Defendant and the State were involved in plea negotiations. On January 11, 1999, the State filed a Rule 5-604 NMRA 2001 petition for a three-month extension of time on the grounds that the case was not set for trial prior to the running of the six-month rule. The defense took no position on this request and an extension was granted to and including April 13, 1999. Also, on January 11, 1999, the prosecutor discovered that the nolle prosequi had been mistakenly docketed in the district court cause, instead of the metropolitan court cause, and filed a Motion to Review and Correct District Court's Criminal Division's Incorrect Dismissal granted on January 26, 1999. In granting the State's motion, the court determined that the dismissal of Defendant's district court cause was a clerical error.
On April 7, 1999, the State sought a second Rule 5-604 extension, this time requesting an additional six months. Defendant opposed this request. On April 16, the Supreme Court granted a three-month extension up to and including July 16, 1999. A plea hearing was scheduled for March 29, 1999. The plea hearing did not commence on that date. Rather, the court scheduled a hearing on Defendant's motions to dismiss, one of which was based on the grounds that his right to a speedy trial was violated.
The district court held a hearing on Defendant's motion to dismiss on April 14, 1999. The court heard argument, but withheld its decision pending the Supreme Court's review of the second Rule 5-604 petition. The court ultimately denied Defendant's motion on June 21, 1999. On the same day, Defendant pled guilty to driving under the influence , reserving his right to appeal the speedy trial issue.
DISCUSSION
The Sixth Amendment to the United States Constitution provides that " n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial." U.S. Const. amend. VI. The speedy trial right applies to the states through the Fourteenth Amendment. Klopfer v. North Carolina, 386 U.S. 213, 218-22 (1967). The New Mexico Constitution also guarantees a defendant a "speedy public trial." N.M. Const. art. II, § 14. It is primarily the responsibility of the
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