[DOWNLOAD] "State v. Trujillo" by New Mexico Court of Appeals ~ Book PDF Kindle ePub Free

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eBook details

• Title: State v. Trujillo
• Author : New Mexico Court of Appeals
• Release Date : January 29, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Ross C. Sanchez, District Judge OPINION {1} Absent an emergency clause, a law passed by the New Mexico Legislature ordinarily does not go into effect until at least ninety days after its passage. See N.M. Const. art. IV, § 23. The obvious purpose of the delay is to provide time for those affected by the law to receive notice and make any necessary adjustments. Sometimes, however, the necessary adjustments are not accomplished within the allotted time. In the case before us, the State prosecuted an alleged incident of domestic violence in a manner that would have been appropriate a few weeks earlier; but the State's failure to change procedures to conform to a new statute has unnecessarily complicated matters. {2} After a trial in metropolitan court, Defendant was convicted of battery, in violation of NMSA 1978, § 30-3-4 (1963). He contends that on appeal to the district court he was entitled to a trial de novo rather than just an on-record review of the metropolitan court proceeding. We agree. He would have been limited to an on-record appeal in district court only if he had been charged and convicted under the battery-against-a-household-member statute, NMSA 1978, § 30-3-15 (1995), which became effective five weeks before the battery of which he was convicted in metropolitan court. Because Defendant was convicted of only simple battery, we hold that he was entitled to a trial de novo in district court. We also hold that he adequately preserved his claim that he was entitled to a trial de novo.

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