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State v. Foster5/16/2003
nicipal court, it would not be a trial de novo, or trial anew.") (internal quotation marks and citation omitted). It does not then accord deference to the magistrate court's ruling; instead, the district court makes an independent judgment based on the record before it on whether a mistrial was properly granted. See Hicks, 105 N.M. at 287, 731 P.2d at983 (holding that, in considering an appeal de novo from the metropolitan court's dismissal of charges against defendant, the district court must make an independent determination of the metropolitan court's discretionary decision and may not apply an abuse of discretion standard).
In summary, the district court may review events which transpired in the magistrate court in order to review Defendant's pretrial motion to dismiss on double jeopardy grounds. Transcripts and motions properly filed with the magistrate court and made part of the record on appeal may be considered, as necessary, by the district court. Accordingly, we reverse the district court's order denying Defendant's motion to dismiss and remand for reconsideration of the merits of the motion.
C. Transcripts as Papers or Exhibits Under Rule 6-703(F)
Because transcripts are designated separately from papers in our Supreme Court rules listing the contents of the record on appeal, we conclude that transcripts are not papers. See Rules 1-072(G); 2-705(E); 7-703(F) NMRA 2003 (metropolitan court). Transcripts that are properly admitted into evidence as exhibits may be part of the record on appeal.
D. Written Order Declaring a Mistrial and a Finding of Manifest Necessity
We do not decide in this appeal whether a mistrial was properly granted; that is for the district court to determine on remand. However, in response to the district court's certified question, we point out that the absence of a written order declaring a mistrial and finding manifest necessity need not bar a second trial if the record adequately discloses that a mistrial was properly granted. Arizona v. Washington, 434 U.S. 497, 516-17 (1978); Callaway v. State, 109 N.M. 416, 418, 785 P.2d 1035, 1037 (1990) (reversing the grant of a mistrial "irrespective of the fact the trial court failed to issue findings and conclusions on why it ordered the mistrial"); State v. Reyes-Arreola, 1999-NMCA-086, 10, 127 N.M. 528, 984 P.2d 775 (rejecting defendant's position that, by itself, the failure to enter a written order barred a second trial).
The magistrate court in this case did not enter a written order declaring there was manifest necessity for a mistrial; instead, it handwrote "Motion Granted" on the State's motion requesting the magistrate court "to order a mistrial, find manifest necessity and to set a second jury trial date." While entering a separate order may have avoided some confusion, we are mindful that magistrate court proceedings are often conducted with a certain degree of informality. See State v. Sedillo, 2001-NMCA-001, 1, 130 N.M. 98, 18 P.3d 1051 (holding that a judge's handwritten abbreviations on a complaint may be sufficient for a fact finder to find the fact of a prior conviction). Accordingly, the absence of a written order is not fatal, however, the district court must still determine if there is a sufficient basis in the record for the finding. See State v. Saavedra, 108 N.M. 38, 40-43, 766 P.2d 298, 300-03 (1988) (reviewing district court's findings and conclusions to determine if the declaration of a mistrial was justified).
III. CONCLUSION
For the reasons stated above, we reverse the district court's denial of defendant's motion to dismiss and remand for reconsideration consistent with this opinion.
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