(DOWNLOAD) "State v. Max J. Urban" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Max J. Urban
- Author : New Mexico Court of Appeals
- Release Date : January 20, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Defendant appeals his conviction for shoplifting, contending that the trial court erred in denying his motion to dismiss the indictment on sixth amendment speedy trial and fourteenth amendment due process grounds. He asks this court to remand for an evidentiary hearing. Alternatively, he contends he was denied effective assistance of counsel. The state contends on appeal that defendants motion was untimely and incomplete under SCRA 1986, 5-601(D) and (E) and that the record is not sufficient to permit this court to resolve the claim of ineffective assistance. Defendants appeal and the states response raise questions that require an interpretation of Rule 5-601. We conclude that defendants motion was timely but that he failed to show sufficient grounds to require a hearing as to either claim. Thus, we hold that the trial court did not err in denying his motion. Finally, we conclude that the claim of ineffective assistance has been raised prematurely. Therefore, we affirm.