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State v. Hicks2/7/2002
f release. Pursuant to relevant release provisions, if a magistrate court determines that the conditions of release previously imposed are insufficient to assure a defendant's presence during the trial, or to assure that the defendant's conduct will not obstruct the orderly administration of justice, the court may at any time have the defendant arrested to review conditions of release. See Rules 6-402, -403 NMRA 2002. The court may impose any authorized conditions of release, either in addition to or in place of previously existing conditions. Rule 6-402. The court may revoke a defendant's release and hold the defendant without bond. Rule 6-403. In the present case, the court also had the authority to hold Defendant in contempt. See Rule 6-111 NMRA 2002. Indeed, Defendant's failure to comply with the conditions of his release resulted in his being arrested, extradited, and incarcerated awaiting trial, all as set forth in state law. Thus, nothing we require of the State in this opinion should hinder a magistrate judge from enforcing properly defined orders of release.
CONCLUSION
For the foregoing reasons, we reverse Defendant's conviction for failure to appear.
IT IS SO ORDERED.
WE CONCUR:
JAMES J. WECHSLER, Judge
CYNTHIA A. FRY, Judge
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