State v. Eskridge

947 P.2d 502, 124 N.M. 227
CourtNew Mexico Court of Appeals
DecidedSeptember 15, 1997
Docket17090
StatusPublished
Cited by34 cases

This text of 947 P.2d 502 (State v. Eskridge) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Eskridge, 947 P.2d 502, 124 N.M. 227 (N.M. Ct. App. 1997).

Opinion

OPINION

FLORES, Judge.

1. Defendant appeals from the trial court’s denial of his motion to suppress evidence and his motion to dismiss for violation of his sixth amendment constitutional speedy trial rights and the six-month rule, Rule 5-604(B), NMRA1997. We affirm.

I.SIX-MONTH RULE AND CONSTITUTIONAL RIGHT TO SPEEDY TRIAL

2. Initially, we note that in this ease the trial court failed to analyze for a violation of the six-month rule independent of its speedy trial constitutional analysis. A six-month rule issue is analytically separate from a constitutional speedy trial issue and the inquiry under each issue differs. See State v. Manzanares, 121 N.M. 798, 800, 918 P.2d 714, 716 (1996) (trial’ court weighs factually-based factors under constitutional analysis, while Supreme Court does not when resolving factual issues on Rule 5-604 motion for extension); County of Los Alamos v. Beckman, 120 N.M. 596, 600-01, 904 P.2d 45, 49-50 (Ct.App.1995) (noting “inherent differences between the inquiries required under the constitution and six-month rules to determine whether a violation has occurred,” and that the two rules are “distinct in their operation and reach”). Because the trial court failed to consider Defendant’s six-month rule argument independent of its analysis of his speedy trial rights, this Court was unable to determine from the trial court’s original findings and conclusions whether Defendant’s motion had merit. This Court therefore ordered a limited remand, instructing the trial court to enter specific findings and conclusions on the six-month rule and speedy trial issues. See generally Manzanares, 121 N.M. at 799-800, 918 P.2d at 715-16 (appropriate analysis is for the trial court to make separate determinations whether the delay violates the six-month rule and whether it violates the defendant’s right to speedy trial); State v. Mendoza, 108 N.M. 446, 449, 774 P.2d 440, 443 (1989) (court first analyzed for violation of six-month rule and not finding one, went on to analyze for violation of speedy trial rights under the four Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972) factors). In this case, although, as discussed below, the new findings and conclusions are less than totally clear, we are able to determine that Defendant waived his rights under the six-month rule and suffered no violation of his constitutional speedy trial rights.

A. Background Relevant to Six-Month Rule and Speedy Trial Analysis

3. In October 1993, Defendant was arrested and charged with possession of methamphetamine and drug paraphernalia. Defendant was indicted in December 1993, and on January 6, 1994, waived arraignment and entered a plea of not guilty. Defendant’s case was originally set for trial on June 6, 1994. In April, Defendant moved to suppress certain evidence against him based on the alleged illegality of his warrantless stop and search, and requested a hearing on the motion. The trial court set the suppression hearing for April 27, but on April 25 the State moved to continue the suppression hearing. The suppression hearing was held on May 4, and after the hearing, the trial court issued a letter-ruling dated June 1 denying Defendant’s motion to suppress. On June 2, the State moved for a continuance of the June 6 trial date on the basis that Defendant’s counsel would be in federal court on that date.

4. After the trial court denied Defendant’s suppression motion, Defendant and the State entered into plea negotiations. However, by July 6, the time Rule 5-604 is alleged to have run, the parties had not executed a signed plea. Further, the State had not petitioned our Supreme Court for an extension of time under Rule 5-604(C), and had not obtained any written agreement or waiver from Defendant of his rights under either the speedy trial provision of the constitution or the six-month rule.

5. The parties dispute the existence of an oral agreement, either to a plea or to a stay or waiver of Defendant’s rights. Specifically, the State maintains that on June 21, the prosecutor and defense counsel reached an agreement' whereby Defendant would plead guilty, have the underlying sentence suspended, and serve the mandatory one-year habitual offender penalty with one and one-half years probation. The State further contends that defense counsel affirmatively indicated that setting a plea hearing after the six-month rule expired was “no problem.” Defendant maintains that he never agreed to waive or stay his six-month-rule rights, and that no firm plea agreement was reached before July 6. Defense counsel also maintains that in his view, the case was still in negotiation until just before the September 29 plea hearing.

6. The record next reveals a notice of hearing dated July 13, scheduling a thirty minute “Disposition/Plea” hearing for July 25. Defendant moved to continue that hearing due to a schedule conflict, and the hearing was rescheduled for September 29. It was at the September 29 hearing that Defendant first asserted his six-month rule and speedy-trial rights. The trial court denied Defendant’s motions in a December 27, 1994 letter-decision. Following denial of Defendant’s interlocutory appeal on this issue, Defendant entered into a written conditional plea agreement whereby he agreed to plead guilty, with the underlying sentence suspended but to serve the mandatory one-year habitual offender sentence, conditioned on the State prevailing on this appeal.

B. Six-Month Rule Analysis

7. Pursuant to Rule 5-604, Defendant’s trial was to commence within six months of the waiver of his arraignment (January 6, 1994), Rule 5-604(B)(l), or “the date the court allows the withdrawal of a plea or the rejection of a plea made pursuant to Paragraphs A to F of rule 5-304.” Rule 5-604(B)(7). Therefore, charges against Defendant were to be dismissed with prejudice, Rule 5-604(D), after July 6 unless, as the State argues, Rule 5-604(B)(7) is read to cover plea negotiations, by themselves, or unless alternatively, the parties in fact agreed to stay or waive the Rule in order to pursue a plea agreement.

1. Plea Negotiations Alone Insufficient to Waive Six-Month Rule

8. The State argues that the six-month rule was not violated in this case because Rule 5-604(B)(7), which recommences the six-month rule on “the date the [trial] court allows the withdrawal of a plea or the rejection of a plea[,]” applies to “suspend” the six-month rule for unsuccessful plea negotiations themselves. The State further argues that this Court should be flexible in reading the six-month rule and that under Mendoza, 108 N.M. at 449, 774 P.2d at 443 (1989) and State v. Sanchez, 109 N.M. 313, 785 P.2d 224 (1989), this provision should be read to suspend operation of the Rule for the plea negotiations in this case. The State points out that in Sanchez, like this ease, no written agreement was signed by the date the Rule was to have expired, yet the Sanchez court read Rule 5-604(B)(7) to include the time required for the trial court to assess the plea after the parties had agreed to a plea. Sanchez, 109 N.M.

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Cite This Page — Counsel Stack

Bluebook (online)
947 P.2d 502, 124 N.M. 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-eskridge-nmctapp-1997.