STATE of New Mexico, Plaintiff-Petitioner,
v.
Alberto SAVEDRA, Jose Lozano, Sr., and Scott Yates, Defendants-Respondents.
Supreme Court of New Mexico.https://leagle.com/images/logo.png
May 12, 2010.
Certiorari Denied June 24, 2010.
Attorney(s) appearing for the Case
Gary K. King, Attorney General, Max Shepherd, Assistant Attorney General, Santa Fe, NM, for Petitioner.
Thomas E. Lilley, P.C., Thomas E. Lilley, Roswell, NM, Trace L. Rabern, Attorney and Counselor at Law, L.L.C., Trace L. Rabern, Santa Fe, NM, for Respondent Alberto Savedra.
Gary C. Mitchell, P.C., Gary C. Mitchell, Ruidoso, NM, for Respondents Jose Lozano, Sr., and Scott Yates.
Supreme Court of New Mexico.
OPINION
SERNA, Justice.
{1} In this appeal, we are presented with the recurring issue of how our six-month rules should be administered when the State dismisses charges in magistrate court and subsequently refiles the same charges in district court. On separate occasions, Defendants Savedra, Lozano, and Yates were charged with misdemeanor Driving While Intoxicated (DWI) in magistrate court, and did not reach a plea agreement. In each case, the...
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