El Pueblo De Puerto Rico v. Hernandez Gaya, Nicky
KLCE202400874
Tribunal De Apelaciones De Pue...Oct 8, 2024Background
- Nicky Hernández Gaya faced several criminal complaints including violations of the Puerto Rico Controlled Substances Act, Vehicle and Transit Law, and Penal Code.
- On December 11, 2023, Hernández filed a motion under Rule 64(N)(4) of the Rules of Criminal Procedure seeking case dismissal due to procedural issues.
- The court of first instance denied this motion, finding just cause for delay and no violation of Hernández's right to a speedy trial—citing that delays were caused or consented to by Hernández.
- Hernández appealed via certiorari, arguing procedural errors in the joinder of minor offenses and questioning the trial court’s jurisdiction.
- The Court of Appeals had previously issued a related decision confirming the procedure; this new certiorari petition reiterates arguments already resolved in the prior ruling.
- On October 8, 2024, the Court of Appeals denied the certiorari, holding no abuse of discretion or error warranting appellate intervention was present.
Issues
| Issue | Hernández's Argument | People's Argument | Held |
|---|---|---|---|
| Procedural consolidation of lesser and grave charges | Consolidation invalid; minor offenses should not be tried together | Properly consolidated per procedural rules | Prior ruling affirmed; no reversible error |
| Jurisdiction of the court that heard the case | Case assigned to a court lacking proper subject jurisdiction | Jurisdiction was proper | Jurisdiction claim already resolved |
| Delay and right to speedy trial | Delay violated right to speedy trial; was not justified | Delays were justified and, in part, caused by Hernández | Right not violated; delay justified |
| Adequacy of error allegation in certiorari | Alleged error was properly raised | Error not specifically and concisely stated | Error not properly preserved; petition denied |
Key Cases Cited
- Torres González v. Zaragoza Meléndez, 211 DPR 821 (Puerto Rico 2023) (articulates the standards and discretion for granting certiorari)
- Pueblo v. Díaz de León, 176 DPR 913 (Puerto Rico 2009) (limitations on appellate intervention in discretionary decisions)
- García v. Padró, 165 DPR 324 (Puerto Rico 2005) (standards for review of discretionary lower court rulings)
- Morán v. Martí, 165 DPR 365 (Puerto Rico 2005) (need to properly specify and argue errors on appeal)