State v. Romero
150 N.M. 80
N.M.2011Background
- Romero was charged with murder, tampering, conspiracy, and felon-in-possession; arraigned Oct 6, 2008.
- Defendant repeatedly asserted speedy trial rights from discovery delays and pretrial motions beginning Dec 2008.
- Rule 5-604 petitions were filed by State in 2009 seeking extensions; district court granted some extensions.
- State filed additional untimely Rule 5-604 petition in Oct 2009; Romero opposed; court did not conduct a speedy-trial analysis due to untimeliness.
- Romero moved to dismiss with prejudice under the six-month rule; district court dismissed for lack of exceptional circumstances and prejudice.
- State appealed; issue is whether Savedra’s six-month rule withdrawal applies to Romero because case was pending on appeal as of May 12, 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether six-month rule applies to Romero | State: case pending; Savedra retroactive withdrawal applies | Romero: pending status excludes retroactive change; six-month rule should apply or be reconsidered | Six-month rule does not apply |
| Retroactive withdrawal of six-month rule violates due process/ex post facto | State: no ex post facto; procedural rule withdrawal allowed | Romero: retroactive change burdens rights; constitutional concerns | Not ex post facto; valid procedural withdrawal |
| New Mexico constitutional retroactivity and Article IV, §34 applicability | State: §34 does not apply to court-adopted rules; Federal standards control | Romero: §34 may bar retroactive procedural changes | §34 does not bar withdrawal; rule applied retroactively/prospectively as appropriate |
| Romero’s remedy after Savedra withdrawal | State: speedy-trial rights preserved; remand proper for analysis | Romero: must dismiss under Barker/Garza analysis if violation shown | Remand available to pursue speedy-trial analysis |
Key Cases Cited
- State v. Savedra, 148 N.M. 301, 236 P.3d 20 (2010-NMSC-025) (withdraws six-month rule for cases pending as of filing)
- State v. Martinez, 149 N.M. 370, 249 P.3d 82 (2011-NMSC-010) (confirms Savedra retroactive application for district-origin prosecutions)
- State v. Garza, 146 N.M. 499, 212 P.3d 387 (2009-NMSC-038) (speedy-trial analysis considerations not to supplement speedy rights)
- Dobbert v. Florida, 432 U.S. 282, 97 S. Ct. 2290, 53 L. Ed. 2d 344 (1977) (procedural changes not ex post facto if not affecting substantive rights)
- Marquez v. Wylie, 78 N.M. 544, 434 P.2d 69 (1967) (Article IV, §34 interpretation postures)
- State v. Pieri, 2009-NMSC-019 (2009) (principal on Article IV, §34 applicability to court rules)
- Lopez v. Maez, 98 N.M. 625, 651 P.2d 1269 (1982) (inherent power to apply decisions prospectively or retrospectively)