State v. Sandoval

2003 NMCA 031, 62 P.3d 1281, 133 N.M. 399
CourtNew Mexico Court of Appeals
DecidedDecember 19, 2002
Docket22,294
StatusPublished
Cited by2 cases

This text of 2003 NMCA 031 (State v. Sandoval) 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. Sandoval, 2003 NMCA 031, 62 P.3d 1281, 133 N.M. 399 (N.M. Ct. App. 2002).

Opinion

OPINION

WECHSLER, Judge.

{1} Defendant Anthony Sandoval appeals his sentence under the Habitual Offender Act (the Act). NMSA 1978, § 31-18-17 (1993). The principal question he raises is whether the district court may commence trial if it does not grant a timely-filed petition for extension of time under Rule 5-604 NMRA 2002 until after the six-month time limit for commencement of trial has expired. We hold that Rule 5-604 requires the district court to act on the petition for extension prior to the expiration of the six-month period for commencement of trial. We therefore reverse Defendant’s sentence under the Act.

Commencement of Trial Under Rule 5-60U

{2} After Defendant was convicted of forgery, the State filed a supplemental information to enhance Defendant’s sentence under the Act. Section 31-18-17. Defendant was arraigned on the supplemental information on August 4, 2000. There was no question that the date to commence trial under Rule 5-604 was February 4, 2001. On January 5, 2001, the State filed a verified motion under Rule 5-604 to extend the time to begin trial. On February 21, 2001, Defendant filed a motion to dismiss the supplemental information on the basis that an extension of the six-month rule had not been granted and eighteen days had passed since the expiration date. At a hearing held on February 22, 2001, the district court denied the motion to dismiss and granted an extension of time to commence trial. The court stated that it had never received a copy of the request for extension, and it did not know about the request until it reviewed the court file after the filing of the motion to dismiss.

{3} Rule 5-604(B) requires that the trial of a criminal case or an habitual criminal proceeding be commenced within six months after the last occurring of several events. The arraignment on the supplemental information is the applicable occurrence in this ease. The rule allows for extensions of the six-month period as subsequently established by the trial judge, the Supreme Court, or a justice of the Supreme Court. Rule 5-604(C), (D). The party seeking an extension must file a verified petition within the time period allowed for trial within the rule with one exception, which is not applicable in this case. Rule 5-604(E). The rule allows counsel opposing an extension to file an objection within five days after service of the petition. Id. It states that the court will act on the petition without a hearing unless otherwise ordered. Id. However, the rule does not specifically state whether the court must act on a timely-filed petition for extension before the expiration of the applicable time limit, and we are called upon to interpret Rule 5-604 to answer that question in this appeal.

{4} We interpret Rule 5-604 for intent by applying the same rules of construction that we apply to statutory interpretation. State v. Eden, 108 N.M. 737, 741, 779 P.2d 114, 118 (Ct.App.1989). We make this determination by way of de novo review. See State v. Solano, 1999-NMCA-019, ¶ 5, 126 N.M. 662, 974 P.2d 156.

{5} When pursuing the intent of a statute or rule, we first look to the plain meaning. Eden, 108 N.M. at 741, 779 P.2d at 118. Rule 5-604(B) states that the trial “shall be commenced” within six months. Under Subsection F of the Rule, if trial does not commence within six months “or within the period of any extension granted,” the indictment or information shall be dismissed with prejudice. Rule 5-604(F). This language states that commencement of trial within the stated period is mandatory. Nevertheless, the operation of Rule 5-604 is not jurisdictional; dismissal follows the failure to timely commence trial only if the defendant files a motion to dismiss. See State v. Vigil, 85 N.M. 328, 332, 512 P.2d 88, 92 (Ct.App.1973) (holding that commencing trial within time limits is not mandatory unless defendant seeks a dismissal). Moreover, the court may not dismiss if the defendant waived his or her rights under the rule. See State v. Eskridge, 1997-NMCA-106, ¶ 10, 124 N.M. 227, 947 P.2d 502 (affirming denial of defendant’s motion to dismiss based on determination that defendant waived Rule 5-604 rights).

{6} The State contends that Rule 5-604 is properly read in conjunction with Rule 5-601(F) NMRA 2002 and Rule 5-104(B) NMRA 2002. Rule 5-601(F) affords the court a reasonable time to rule upon pretrial motions. Rule 5-104(B) provides:

Enlargement. When by these rules or by a notice given thereunder or by order of court, an act is required or allowed to be done at or within a specified time, the court for cause shown may, at any time in its discretion:
(1) with or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or
(2) upon motion made after the expiration of the specified period permit the act to be done; but it may not extend the time for making a motion for new trial, for taking an appeal, for making a motion for acquittal or for extending time for commencement of trial.

{7} At face value, the State’s argument offers consistency. If we were to read the three rules together, the court would be afforded a reasonable time to rule upon a petition for an extension of time to commence trial as long as the petition was filed before the expiration of the existing time period. Such would be the ease even if the petition was filed immediately before the time period expired. This reading of Rule 5-604(B) requires that the restriction on the court’s ability to extend the time to commence trial contained in the last clause of Rule 5-104(B) pertain only to a motion for extension made after the expiration of the time to commence trial. The current paragraph structure and punctuation of the rule appear to support this interpretation.

{8} The history of the rule, however, reveals otherwise. Rule 5-104 was originally Rule 4 of the Rules of Criminal Procedure, effective July 1, 1972. NMSA 1953, § 41-23-4(b) (1972). The original rule provided:

(b) Enlargement. When by these rules or by a notice given thereunder or by order of court, an act is required or allowed to be done at or within a specified time, the court for cause shown may, at any time in its discretion (1) with or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done; but it may not extend the time for making a motion for new trial, for taking an appeal, for making a motion for acquittal or for extending time for commencement of trial.

Rule 4 was nearly identical in content and structure to Rule 45 of the

Related

State v. Sandoval
2003 NMSC 027 (New Mexico Supreme Court, 2003)
State v. Cardenas
2003 NMCA 051 (New Mexico Court of Appeals, 2003)

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Bluebook (online)
2003 NMCA 031, 62 P.3d 1281, 133 N.M. 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sandoval-nmctapp-2002.