Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Lucero

Court of Appeals of New Mexico

April 3, 2017

STATE OF NEW MEXICO, Plaintiff-Appellant,
v.
MICHAEL JAMES LUCERO, Defendant-Appellee.

         APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Stan Whitaker, District Judge

          Hector H. Balderas, Attorney General Santa Fe, NM Jane A. Bernstein, Assistant Attorney General Albuquerque, NM for Appellant

          Bennett J. Baur, Chief Public Defender Nina Lalevic, Assistant Appellate Defender Santa Fe, NM for Appellee

          OPINION

          MICHAEL E. VIGIL, Judge

         {1} The State appeals from the district court's order dismissing the charges against Defendant Michael James Lucero without prejudice pursuant to LR2-400.1 NMRA, the special pilot rule enacted by our Supreme Court to govern cases on the "special calendar" in the Second Judicial District Court.[1] Based on the undisputed facts, we conclude that the district court abused its discretion in dismissing the case. We therefore reverse and remand for further proceedings.

         I. BACKGROUND

         {2} Defendant was charged with first degree criminal sexual penetration of a child under the age of thirteen (Counts 1 and 2), and second degree criminal sexual contact of a child under the age of thirteen (Count 3). As an alternative to Count 3, Defendant was charged with third degree criminal sexual contact of a child under the age of thirteen. Defendant was arraigned on February 28, 2014, and held subject to a $100, 000 cash-only bond.

         {3} On March 13, 2014, Assistant District Attorney (ADA) Wesley D. Jensen entered his appearance on behalf of the State. Thereafter, on September 22, 2014, Defendant filed the first of two motions to review his conditions of release, in which he claimed that his mother was "quite frail and he [was] needed to provide financial and emotional support." Following a hearing, the district court judge then assigned to the case denied the motion by order on November 26, 2014. That same day, the district court judge entered a pretrial order and scheduled the docket call in this case for March 10, 2015, and the trial for March 23 and 30, and April 6, 2015.

         {4} On February 2, 2015, this case was reassigned to another District Court Judge (the court). Approximately one month later, following a scheduling hearing, the court entered a scheduling order with the following deadlines, among others:

Completion of witness interviews: December 19, 2015;
Filing certification of readiness for trial: March 3, 2016;
Filing final witness list: March 27, 2016;
Docket call: March 28, 2016; and
Trial shall commence the weeks of April 4, 2016 through April ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.