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STATE v. SHARP

No. 30,558.

276 P.3d 969 (2012)

2012-NMCA-042

STATE of New Mexico, Plaintiff-Appellant, v. William SHARP, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, March 23, 2012, No. 33,481.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Andrew S. Montgomery , Assistant Attorney General, Santa Fe, NM, for Appellant.

Liane E. Kerr , Albuquerque, NM, for Appellee.

OPINION

SUTIN, Judge.

{1} In a de novo appeal from magistrate court, the district court dismissed with prejudice the charges against Defendant owing to a violation of Rule 6-506 NMRA, commonly referred to as "the six-month rule." The district court's stated reasons for dismissing the case were (1) the State's failure to respond, in writing, to Defendant's magistrate court motion to dismiss, and (2) the magistrate court's failure to provide a...

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