State v. Maestas

• Decision Date: 10 October 2007
• Docket Number: No. 26,206.,26,206.
• Citation: 2007 NMCA 155,173 P.3d 26
• Parties: STATE of New Mexico, Plaintiff-Appellee, v. Rudy MAESTAS, Defendant-Appellant.
• Court: Court of Appeals of New Mexico

173 P.3d 26

2007 NMCA 155

STATE of New Mexico, Plaintiff-Appellee, v. Rudy MAESTAS, Defendant-Appellant.

No. 26,206.

Court of Appeals of New Mexico.

October 10, 2007.

Gary K. King, Attorney General, Santa Fe, NM, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellee.

D. Eric Hannum, Albuquerque, NM, for Appellant.

OPINION

BUSTAMANTE, Judge.

{1} Defendant appeals his convictions for aggravated driving while under the influence (DWI) and speeding. Defendant was convicted after a jury trial in metropolitan court. His convictions were affirmed in an on-record appeal in district court. On appeal to this Court, Defendant argues that the metropolitan court (1) abused its discretion in determining that the 182-day rule was not violated, and (2) impermissibly penalized him for exercising his right to a jury trial. We hold that the metropolitan court did not commit reversible error with respect to the 182-day rule. However, we agree that the metropolitan court improperly exercised a blanket policy of immediately remanding to custody those defendants who chose to go to trial and were convicted while allowing those defendants who chose to plead guilty to remain out of custody pending sentencing. Because the metropolitan court's actions can be construed as impermissibly punishing Defendant for exercising his constitutional rights to plead not guilty, to a jury trial, and to appeal, we vacate Defendant's sentence and remand for re-sentencing before another judge.

BACKGROUND

{2} Defendant was arrested and charged with aggravated DWI and speeding on March 12, 2004. After a number of continuances, the matter came up for trial on December 8, 2004, before the Bernalillo County Metropolitan Court. Before trial, defense counsel moved to dismiss based on a violation of the 182-day rule. See Rule 7-506 NMRA 2004 (amended 2007) (providing that a trial in metropolitan court must commence within 182 days of an arrest or the filing of a complaint). The metropolitan court denied the motion.

{3} The jury found Defendant guilty of aggravated DWI (second offense) and speeding. Upon Defendant's conviction but before sentencing, the judge immediately revoked Defendant's conditions of release, remanded him to custody to begin serving his mandatory time, and ordered a speedy pre-sentence report (PSR). Although the metropolitan court judge set an appeal bond of $50,000, she initially refused to allow Defendant to obtain a bond so that he could be released pending sentencing. After lengthy argument from the parties, the judge finally agreed to allow a $50,000 cash bond.

{4} The district court reviewed Defendant's conditions of release pending sentencing and lowered the bond to a $5000 cash or surety bond. Defendant served eight days before he was released, which included all of his mandatory time. See NMSA 1978, § 66-8-102(F)(1) (2005) (providing that a defendant convicted of a DWI second offense shall be punished by imprisonment for not more than 364 days, including a mandatory ninety-six consecutive hours and an additional ninety-six consecutive hours if that conviction for aggravated DWI).

{5} At the sentencing hearing on January 6, 2005, the judge stated that she was sentencing Defendant to "300 days plus" of jail time with credit for time served followed by participation in the alcohol treatment program. She set an appeal bond at $5000. Despite her statements at the hearing, the metropolitan court's judgment indicates that the judge sentenced Defendant to 364 days, the maximum sentence for aggravated DWI second offense.

{6} Defendant appealed to the district court, which affirmed. Further facts relevant to each issue will be presented below.

DISCUSSION

{7} We first discuss Defendant's claim that the 182-day rule was violated. We then turn to his claim that the metropolitan court impermissibly punished him for exercising his right to trial.

I. THE METROPOLITAN COURT PROPERLY DETERMINED THAT THE 182-DAY RULE WAS NOT VIOLATED

{8} Defendant argues that the metropolitan court erred in denying his motion to dismiss under the 182-day rule. See Rule 7-506(E) NMRA 2004. Specifically, Defendant claims that the court erred by charging the continuance of a trial setting on August 3, 2004, against him.

The 182-day rule in effect when Defendant was arrested provided:

Any criminal citation or complaint within metropolitan court trial jurisdiction which is pending for more than one hundred eighty-two (182) days from the date of the arrest of the defendant or the filing of a complaint or citation against the defendant, whichever occurs later, without commencement of a trial by the metropolitan court shall be dismissed with prejudice unless, after a hearing, the judge finds that the defendant was responsible for the failure of the court to commence trial. After a complaint is dismissed pursuant to this paragraph, a criminal charge for the same offense shall not be filed in any court.

Id. The purpose of the 182-day rule in metropolitan court "is to encourage the prompt and orderly disposition of criminal cases, not to effectuate dismissals." State v. Hoffman, 114 N.M. 445, 446, 839 P.2d 1333, 1334 (Ct. App.1992). The rules of metropolitan court are to be "liberally construed to secure the just, speedy and inexpensive determination of every metropolitan court action" and not to "be construed to extend or limit the jurisdiction of any court, or to abridge, enlarge or modify the substantive rights of any litigant." Rule 7-101(B) NMRA; see also Walker v. Walton, 2003-NMSC-014, ¶ 11, 133 N.M. 766, 70 P.3d 756.

{9} It is for the metropolitan court to decide in the first instance whom to hold responsible for the failure to timely commence a trial under Rule 7-506(E) NMRA 2004. See State v. Lucero, 114 N.M. 460, 462-63, 840 P.2d 607, 609-10 (Ct.App.1992). The question of whether the metropolitan court properly applied the provisions of Rule 7-506 NMRA 2004 is a question of law that we review de novo. See State v. Wilson, 1998-NMCA-084, ¶ 8, 125 N.M. 390, 962 P.2d 636 (applying de novo review to the district court's application of the six-month rule).

{10} At trial, defense counsel acknowledged that his only objection on the 182-day rule was the metropolitan court's decision to charge the continuance of the August 3, 2004 trial setting against Defendant. Thus, the only issue on appeal regarding the metropolitan court's application of Rule 7-506 is the decision to charge the August 3, 2004, continuance against Defendant rather than the State.

{11} This matter was originally set for bench trial on June 15, 2004. On June 7, 2004, the State filed a motion to amend the complaint from aggravated DWI first offense to aggravated DWI second offense based on proof of a prior DWI conviction. The motion was set to be heard at the next setting; however, the June 15 trial setting was continued and charged against Defendant due to a scheduling conflict of defense counsel. The next trial setting, on July 14, 2004, was continued against the State due to the absence of one of the arresting officers. The State's motion to amend was not addressed. On July 15, 2004, the State filed a second motion to amend, which the judge noted was to be heard at the next setting.

{12} When Defendant's case came up for trial again on August 3, 2004, both parties stated that they were ready to proceed. In a preliminary motion, the prosecutor asked the court to rule on the State's motion to amend the aggravated DWI charge in the complaint from a first offense to a second offense. After determining that defense counsel received notice of the State's intention to amend the complaint as early as June 7, and that proof of the prior DWI conviction was available to defense counsel as of July 15, the metropolitan court granted the State's motion to amend.

{13} We find no abuse of discretion in the metropolitan court's decision to allow the motion to amend. See State v. Hodnett, 79 N.M. 761, 762, 449 P.2d 669, 670 (Ct.App. 1968) (stating that a trial court's decision to allow an amendment to a complaint is reviewed for an abuse of discretion). Amendments to complaints should be liberally allowed. Id.; see also Rule 7-303(A) NMRA (providing that the metropolitan court may allow an amendment at any time). Here, both motions provided notice to Defendant that the State had proof that Defendant had a prior DWI. Defendant did not challenge the State's proof or otherwise contest the appropriateness of the amendment. A court does not abuse its discretion by allowing an amendment that includes facts subsequently discovered and timely communicated when there is no change to the elements of the offense charged. See State v. Begay, 2001-NMSC-002, ¶ 5, 130 N.M. 61, 17 P.3d 434 (stating that proof of a prior DWI is not an element of felony DWI). Thus, the metropolitan court properly granted the State's motion to amend.

{14} Because the amended DWI complaint increased the maximum jail time faced by Defendant to more than six months, the metropolitan court noted that Defendant was entitled to a jury trial. See § 66-8-102(F) (providing that the potential penalty for a second aggravated DWI is imprisonment for not more than 364 days); see also State v. Grace, 1999-NMCA-148, ¶¶ 5, 10, 128 N.M. 379, 993 P.2d 93 (holding that a defendant charged with DWI second offense has a constitutional right to a jury trial because he faces a potential loss of liberty exceeding six months). When the metropolitan court told Defendant that a jury was available, defense counsel objected to proceeding to trial at the August 3 setting. Defense counsel stated that if the case was tried before a jury he would need to obtain the tape recording of Defendant's license revocation hearing before the Motor Vehicle Division (MVD) in order to impeach the State's witnesses. The prosecutor stated that she was ready to try the case.

{15} The metropolitan court noted, and defense counsel agreed, that the tape...