State v. Johnson

2007 NMCA 107, 165 P.3d 1153, 142 N.M. 377
CourtNew Mexico Court of Appeals
DecidedJune 20, 2007
Docket25,788
StatusPublished
Cited by29 cases

This text of 2007 NMCA 107 (State v. Johnson) 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. Johnson, 2007 NMCA 107, 165 P.3d 1153, 142 N.M. 377 (N.M. Ct. App. 2007).

Opinion

OPINION

VIGIL, Judge.

{1} The State failed to bring this case to trial for over twenty-six months. We hold this delay deprived Defendant of his constitutional right to a speedy trial under the Sixth Amendment to the United States Constitution, and reverse.

BACKGROUND

{2} On the morning of August 19, 2002, police responded to a call from a motel regarding a deceased woman found in one of the rooms. Defendant was arrested on August 20, 2002, on the charges that were subsequently contained in the indictment, and his arrest also resulted in his being held without bond on a probation violation in an unrelated case. The indictment was filed on September 13, 2002, charging Defendant with an open count of murder, kidnapping, and two counts of criminal sexual penetration, and bond was set in the amount of $250,000 at Defendant’s arraignment on September 23, 2002. The deadline to commence trial under the Rules of Criminal Procedure for the District Courts was March 23, 2003. Rule 5 — 604(B)(1) NMRA (requiring commencement of trial within six months after arraignment in the district court). However, trial did not commence at that time because the State obtained extensions of time to commence trial from both the district court and from the Supreme Court. Rule 5-604(0, (D) (stating that the district court may extend time to commence trial for up to three months and the Supreme Court may further extend time to commence trial). Since his arrest, Defendant remained in custody on both the indictment and the probation violation. Trial did not take place until November 23, 2004, twenty-six months and ten days after the indictment was filed.

{3} Defendant tried to interview the State’s witnesses. However, the prosecutor failed to schedule interviews despite her repeated assurances that she would, and despite being granted repeated extensions of time to do so by the district court and the Supreme Court. Defendant and the district court learned for the first time on October 29,2004, that the prosecutor who handled the case from the time the indictment was filed had “PTSD, depression and anxiety” and for that reason was unable to prepare the ease for trial. Defendant filed a motion to dismiss the indictment on November 5, 2004, alleging his constitutional right to a speedy trial was violated, and the district court denied the motion on November 18, 2004, five days before the trial.

{4} The district court granted Defendant’s motion for a directed verdict on the charge of willful and deliberate first degree murder, and the jury failed to agree on the felony murder, second degree murder, and manslaughter charges submitted to it as alternative and lesser included offenses. The jury found Defendant guilty of one count of false imprisonment and two counts of criminal sexual penetration. Defendant appeals.

ANALYSIS

{5} The Sixth Amendment to the United States Constitution guarantees that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” U.S. Const, amend. VI. “It is primarily the responsibility of the State to bring a case to trial within a reasonable period of time.” State v. Marquez, 2001-NMCA-062, ¶8, 130 N.M. 651, 29 P.3d 1052. The factors we balance to determine whether Defendant’s constitutional right to a speedy trial was violated are well settled. These are: (1) the length of the delay, (2) the reasons for the delay, (3) the defendant’s assertion of his right, and (4) prejudice to the defendant. See State v. Harvey, 85 N.M. 214, 215-18, 510 P.2d 1085, 1086-89 (Ct.App.1973) (noting that Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), requires these four factors to be weighed in analyzing a constitutional speedy trial claim). “These four factors are interrelated and must be evaluated in light of other relevant circumstances in the particular case. No one factor constitutes either a necessary or sufficient condition to finding a deprivation of the right to a speedy trial.” State v. Tartaglia, 109 N.M. 801, 802, 791 P.2d 76, 77 (Ct.App.1990) (citation omitted). On appeal, we give deference to the factual findings of the district court; nevertheless, we are required to independently evaluate the four Barker factors to ensure that the constitutional right has not been violated. State v. Talamante, 2003-NMCA-135, ¶3, 134 N.M. 539, 80 P.3d 476.

1. Length of the Delay

{6} This factor serves dual functions. State v. Urban, 2004-NMSC-007, ¶11, 135 N.M. 279, 87 P.3d 1061. “Initially, the length of delay must cross a threshold to establish a presumption of prejudice and to trigger further inquiry into the other factors.” Id. After a presumption of prejudice is established, “the burden of persuasion shifts to the State to show that, considering the four factors as a whole, [Defendant's constitutional rights [to a speedy trial] have not been violated.” Id.; see State v. Lujan, 2003-NMCA-087, ¶4, 134 N.M. 24, 71 P.3d 1286 (stating that when the length of the delay triggers the presumption of prejudice, the burden is on the State to demonstrate that it did not violate the defendant’s constitutional speedy trial right); Salandre v. State, 111 N.M. 422, 429, 806 P.2d 562, 569 (1991) (“When the state has delayed long past the time considered presumptively prejudicial, its burden to show on the record that [the] defendant’s right to a speedy trial was not violated becomes correspondingly heavier.”).

{7} Defendant’s constitutional right to a speedy trial attached on September 13, 2002, when the indictment was filed. See Talamante, 2003-NMCA-135, ¶4, 134 N.M. 539, 80 P.3d 476. Trial commenced on November 23, 2004, twenty-six months later. In Salandre, 111 N.M. at 428 n. 3, 806 P.2d at 568 n. 3, the New Mexico Supreme Court explained that a presumption of prejudice occurs after nine months for simple cases, after twelve months for intermediate complexity cases, and after fifteen months for complicated cases. The district court found that this case was an “extremely complex” case because of the number of witnesses, many of whom have a transient lifestyle, and because of the complicated crime scene investigation. The parties dispute whether the district court’s characterization is correct. However, we give deference to the district court’s finding, see State v. Coffin, 1999-NMSC-038, ¶57, 128 N.M. 192, 991 P.2d 477 (“[W]e have determined that the trial court is in the best position to determine the complexity of a case[.]”); State v. Plouse, 2003-NMCA-048, ¶42, 133 N.M. 495, 64 P.3d 522 (irWe give due deference to the district court’s findings as to the level of complexity.”), and assume that this is in fact an “extremely complex” case.

{8} Fifteen months of delay for a complicated case establishes presumptive prejudice under Salandre, and the delay in this case is over eleven months longer than that. We therefore conclude that the twenty-six-month delay weighs against the State. See Talamante, 2003-NMCA-135, ¶¶1, 21, 134 N.M. 539, 80 P.3d 476 (holding that a thirty-one-month delay in an intermediate or complex ease weighed heavily in favor of the defendant); Plouse, 2003-NMCA-048, ¶¶42-43, 133 N.M.

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Cite This Page — Counsel Stack

Bluebook (online)
2007 NMCA 107, 165 P.3d 1153, 142 N.M. 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-johnson-nmctapp-2007.