 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Lefebre3/2/2001
e of the criminal justice system can amount to prosecutorial misconduct. See State v. Ashley, 1997-NMSC-049, 13-14, 124 N.M. 1, 946 P.2d 205. However, Defendant offers no direct evidence that the prosecutor deliberately flouted the court's order or otherwise failed to properly instruct the witness. There is no basis to conclude that the prosecutor's acts were willful or deliberate or sufficiently negligent to merit intervention by the trial court.
"Where there is a doubtful or deficient record, every presumption must be indulged by the reviewing court in favor of the correctness and regularity of the lower court's judgment." In re Ernesto M., Jr., 1996- NMCA-030, 19, 121 N.M. 562, 915 P.2d 318. The trial court is in the best position to evaluate the significance of any alleged prosecutorial errors. See State v. Duffy, 1998-NMSC-014, 46, 126 N.M. 132, 967 P.2d 807. Absent an abuse of that discretion, the trial court's decision to deny the motion should be upheld. See State v. Thurman, 84 N.M. 5, 8, 498 P.2d 697, 700 (Ct. App. 1972). We affirm on this issue.
III. CONCLUSION
We reverse and remand on the speedy trial issue to require the trial court to evaluate whether the Defendant's right to a speedy trial has been violated using the Barker v. Wingo factors. We also remand to the trial court with instructions to vacate one conviction and sentence for one count of resisting, evading, or obstructing an officer. Finally, we affirm the trial court in concluding that the Defendant's due process rights have not been violated due to prosecutorial misconduct.
IT IS SO ORDERED.
MICHAEL D. BUSTAMANTE, Judge
WE CONCUR:
A. JOSEPH ALARID, Judge
M. CHRISTINA ARMIJO, Judge
|