STATE v. SANDOVAL

No. 22,294.

62 P.3d 1281 (2002)

133 N.M. 399

2003-NMCA-031

STATE of New Mexico, Plaintiff-Appellee, v. Anthony Joseph SANDOVAL, Defendant-Appellant.

Court of Appeals of New Mexico.

December 19, 2002.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Max Shepherd, Assistant Attorney General, Albuquerque, NM, for Appellee.

Phyllis H. Subin, Chief Public Defender, Theresa M. Duncan, Assistant Appellate Defender, Santa Fe, NM, for Appellant.


OPINION

WECHSLER, Judge.

{1} Defendant Anthony Sandoval appeals his sentence under the Habitual Offender Act (the Act). NMSA 1978, § 31-18-17 (1993). The principal question he raises is whether the district court may commence trial if it does not grant a timely-filed petition for extension of time under Rule 5-604 NMRA 2002 until after the six-month time limit for commencement of trial has expired. We hold that Rule 5-604 requires the district...

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