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STATE v. DEVINE

No. 26,392.

164 P.3d 1009 (2007)

2007-NMCA-097

STATE of New Mexico, Plaintiff-Appellee, v. Leslie B. DeVINE, Defendant-Appellant.

Court of Appeals of New Mexico.

June 13, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Katherine Zinn, Assistant Attorney General, Santa Fe, NM, for Appellee.

Templeman and Crutchfield, C. Barry Crutchfield. Lovington, NM, for Appellant.

OPINION

BUSTAMANTE, Judge.

{1} This case requires us to determine whether, following a mistrial, the State's amendment adding a new charge to a criminal information has the effect of renewing the defendant's right to peremptorily excuse the presiding judge under Rule 5-106 NMRA. We conclude that, under this procedural scenario, the addition of a new charge has such an effect. We further hold that the right to excuse the presiding judge attaches...

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