State v. Savedra, 236 P.3d 20 (N.M. 2010). · Go Syfert
State v. Savedra, 236 P.3d 20 (N.M. 2010). Cases Citing This Book View Copy Cite
302 citation events (302 in the last 25 years) across 4 distinct courts.
Strongest positive: State v. Skeets (nm, 2026-02-12)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Under fire: who is questioning this case
Citations from separate opinions of courts that could overrule this case. This is a warning signal, not a treatment change. The flag color above is unaffected.
Concurrence Webb v. State (2017)
“State v. Savedra, 148 N.M. 301 , 236 P.3d 20, 23 (2010). [¶56] The better-reasoned approach places the burden on the State to establish that it has been prosecuting the matter diligently and that it dismissed and refiled charges for proper reasons and not to evade the speedy trial deadline set forth in the rule.”
Top citers, strongest first. 37 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Skeets
N.M. · 2026 · confidence medium
Aug. 29, 2024) (nonprecedential) (“[G]enerally, an appellate court can 10 only review final judgments, interlocutory orders which practically dispose of the 11 merits of an action, and final orders after entry of judgment which affect substantial 12 rights.” (internal quotation marks omitted) (quoting State v. Ahasteen, 1998-NMCA- 13 158, ¶ 10, 126 N.M. 238 , 968 P.2d 328 , abrogated on other grounds by, State v. 14 Savedra, 2010-NMSC-025, ¶¶ 3, 8 , 148 N.M. 301 , 236 P.3d 20 )). 2 2 We do not ordinarily cite nonprecedential opinions or orders, such as the Benedict dispositional order.
examined Cited as authority (rule) State v. Zehr (3×) also: Cited "see"
N.M. Ct. App. · 2025 · confidence medium
Rule 5-604(B) provided, in pertinent part, that “[t]he trial of a 17 criminal case . . . shall be commenced six (6) months after whichever of the 18 following events occurs latest: (1) the date of arraignment, or waiver of arraignment, 19 in the district court of any defendant.” Savedra, 2010-NMSC-025, ¶ 2 (alteration, 20 internal quotation marks, and citation omitted).
cited Cited as authority (rule) State v. Cadman
N.M. Ct. App. · 2024 · confidence medium
Savedra, 2010-NMSC-025, ¶ 8 (internal quotation marks omitted).
discussed Cited as authority (rule) State v. Benedict
N.M. · 2024 · confidence medium
Id. ¶ 40. {7} WHEREAS generally, an appellate court can only review “final judgments, interlocutory orders which practically dispose of the merits of an action, and final orders after entry of judgment which affect substantial rights.” State v. Ahasteen, 1998-NMCA- 158, ¶ 10, 126 N.M. 238 , 968 P.2d 328 , abrogated on other grounds by State v. Savedra, 2010-NMSC-025, ¶¶ 3, 8 , 148 N.M. 301 , 236 P.3d 20 (internal quotation marks and citation omitted).
discussed Cited as authority (rule) State v. Hobbs
N.M. Ct. App. · 2024 · confidence medium
We hold that the district 8 court could not conduct appellate review under Heinsen absent a written order or 9 some other clear indication in the record of the magistrate court’s ruling. 10 Nevertheless, as we discuss in the final section of this opinion, the district court erred 11 when it dismissed the case for a violation of the magistrate court six-month rule in 12 light of our Supreme Court’s holding in State v. Savedra, which withdrew the six- 13 month rule in district court. 2010-NMSC-025, ¶¶ 8, 9 , 148 N.M. 301 , 236 P.3d 20 . 14 We explain. 15 I.
discussed Cited as authority (rule) Webb v. State
Wyo. · 2017 · confidence medium
State v. Savedra, 148 N.M. 301 , 236 P.3d 20, 23 (2010). [¶56] The better-reasoned approach places the burden on the State to establish that it has been prosecuting the matter diligently and that it dismissed and refiled charges for proper reasons and not to evade the speedy trial deadline set forth in the rule.
cited Cited as authority (rule) State v. Puliti
N.M. · 2012 · confidence medium
Savedra, 2010-NMSC-025, ¶¶ 5, 9 .
discussed Cited as authority (rule) State v. Puliti
N.M. Ct. App. · 2012 · confidence medium
Although the State points out 14 that Defendant still has the remedy of a speedy trial claim, [MIO 13] see Savedra, 15 2010-NMSC-025, ¶ 8 (stating that a defendant may raise speedy trial violations after 16 the case is refiled in district court), this is not the only mechanism for the district court 17 to dismiss a case where the district court has found the State to have delayed the case 18 by failing to respond to discovery requests. 19 Finally, to the extent the State relies on six-month rule cases to argue that it was 3 1 an abuse of discretion for the district court to deny it an extensi…
examined Cited as authority (rule) State v. Ortega Flores (3×) also: Cited "see"
N.M. Ct. App. · 2010 · confidence medium
Since Defendant’s case was on appeal at 12 the time Savedra changed the six-month rule, we apply the former district court six- 13 month rule just as the Supreme Court did in Savedra, 2010-NMSC-025, ¶¶ 5, 10 . 14 Magistrate court Rule 6-506(B)-(E) NMRA requires that a defendant’s trial 15 “commence within one-hundred eighty-two days of a triggering event, absent 16 permissible extensions.” State v. Carreon, 2006-NMCA-145, ¶ 6 , 140 N.M. 779 , 149 17 P.3d 95 , abrogated on other grounds by Savedra, 2010-NMSC-025 .
discussed Cited as authority (rule) State v. Sanchez
N.M. Ct. App. · 2010 · confidence medium
Because 9 Defendant’s case was already on appeal at the time the rule change was announced, 10 we analyze his claims under the old rule just as the Supreme Court did in Savedra. 11 See, e.g., Savedra, 2010-NMSC-025, ¶ 9 (abolishing the six-month rule for district 12 courts but applying the old rule to the defendants’ cases). 13 In this case, Defendant argues that the State intentionally circumvented the six- 14 month rule by amending the criminal information in order “to gain a tactical 15 advantage over [Defendant].” Whether there is bad faith or intentional delay by the 16 State is …
examined Cited "see" State v. Gutierrez (3×)
N.M. Ct. App. · 2026 · signal: see · confidence high
See State v. Savedra, 2010-NMSC-025, ¶ 8 , 148 N.M. 301 , 236 P.3d 20 (“[A]ny inquiry into the State’s reasons for dismissing and refiling in district court should be done within the context of any speedy trial challenge the defendant may raise after the case is refiled.”). {15} Because we hold that the filing of the nolle prosequi terminated the district court’s jurisdiction, we need not address the constitutional questions raised by the State’s alternative argument concerning separation of powers.
cited Cited "see" State v. Hobbs
N.M. Ct. App. · 2024 · signal: see · confidence high
See Savedra, 2010-NMSC-025, ¶ 8 .
discussed Cited "see" State v. Warren (2×)
N.M. Ct. App. · 2023 · signal: see · confidence high
See State v. Savedra, 2010-NMSC-025, ¶ 9 , 148 N.M 301, 236 P.3d 20 (“[E]ffective for all cases pending as of the date this [o]pinion is filed, we withdraw the six-month rule provisions set forth in Rule 5-604(B)-(E)”); see also State v. Sanders, 1970-NMSC-123 , ¶ 6, 82 N.M. 61 , 475 P.2d 327 (“Where the motions, files and record of the case show conclusively . . . that [the] defendant is not entitled to relief, a hearing is not required.”). {7} With regard to Defendant’s contention that he was unable to present facts demonstrating prejudice resulting from the alleged delay in enfo…
examined Cited "see" State v Lucero (3×)
N.M. Ct. App. · 2022 · signal: see · confidence high
See State v. Ahasteen, 1998-NMCA-158, ¶ 16 , 126 N.M. 238 , 968 P.2d 328 (“Transfers of jurisdiction from one court to another . . . are provided for by the rules of criminal procedure for each court.”), abrogated on other grounds by State v. Savedra, 2010-NMSC-025 , 148 N.M. 301 , 236 P.3d 20 .
examined Cited "see" State v. Lucero (3×)
N.M. Ct. App. · 2022 · signal: see · confidence high
See State v. Ahasteen, 1998-NMCA-158, ¶ 16 , 126 N.M. 238 , 968 P.2d 328 (“Transfers of jurisdiction from one court to another . . . are provided for by the rules of criminal procedure for each court.”), abrogated on other grounds by State v. Savedra, 2010-NMSC-025 , 148 N.M. 301 , 236 P.3d 20 .
examined Cited "see" State v. Lucero (3×)
N.M. Ct. App. · 2019 · signal: see · confidence high
See State v. Savedra, 2010-NMSC-025, ¶ 9 , 148 N.M. 301 , 236 P.3d 20 (withdrawing the six-month rule in district court and determining that “[i]n its place, [the] defendants may rely upon and assert their right to a speedy trial whenever they believe impermissible delay has occurred; whether that delay is the result of a dismissal and refiling or any other cause”).
discussed Cited "see" State v. Radler (2×) also: Cited "see, e.g."
N.M. Ct. App. · 2019 · signal: see · confidence high
See Savedra, 2010-NMSC-025, ¶ 8 .
examined Cited "see" State v. Stallings (3×)
N.M. Ct. App. · 2018 · signal: see · confidence high
See State v. Ahasteen, 1998-NMCA-158, ¶ 28 , 126 N.M. 238 , 968 P.2d 9 328 (acknowledging trial court’s inherent authority to control its docket and to take 10 appropriate action to manage and expedite the flow of cases), abrogated on other 11 grounds by State v. Savedra, 2010-NMSC-025, ¶ 8 , 148 N.M. 301 , 236 P.3d 20 ; see 12 also Concha v. Sanchez, 2011-NMSC-031, ¶ 21 , 150 N.M. 268 , 258 P.3d 1060 13 (“recognizing the indisputable authority of judges to compel obedience to their orders 14 and to maintain the decorum and safety of their courtrooms”). 15 {8} We therefore conclude th…
examined Cited "see" State v. Adeogba (3×)
N.M. Ct. App. · 2017 · signal: see · confidence high
See 16 State v. Ahasteen, 1998-NMCA-158, ¶ 28 , 126 N.M. 238 , 968 P.2d 328 (observing 17 that the authority of the district court to control its docket encompasses the power to 18 “supervise and control the movement of all cases on its docket from the time of filing 19 through final disposition” (internal quotation marks and citations omitted)), abrogated 10 1 on other grounds by State v. Savedra, 2010-NMSC-025 , 148 N.M. 301 , 236 P.3d 20 ; 2 State v. Lopez, 1983-NMCA-045 , ¶ 4, 99 N.M. 612 , 661 P.2d 890 (“The trial court has 3 the discretion to order that sentences for different of…
cited Cited "see" State v. Carroll
N.M. Ct. App. · 2015 · signal: see · confidence high
See Savedra, 2010-NMSC-025, ¶ 5 (holding that strategic re-filing in district court “violatefd] the spirit of the six-month rule” (internal quotation marks and citation omitted)).
discussed Cited "see" State v. Carroll
N.M. Ct. App. · 2014 · signal: see · confidence high
See Savedra, 2010-NMSC-025 , 8 1 ¶ 5 (holding that strategic re-filing in district court “violate[d] the spirit of the six- 2 month rule” (internal quotation marks and citation omitted)). 3 CONCLUSION 4 {14} For the foregoing reasons, we reverse the judgment of the district court.
discussed Cited "see" State v. Nabhan
N.M. Ct. App. · 2014 · signal: see · confidence high
See 4 State v. Bolton, 1997-NMCA-007, ¶ 14 , 122 N.M. 831 , 932 P.2d 1075 (stating that if 5 a defendant claims the state has filed a nolle prosequi and reinstated charges in order 6 to circumvent the six-month rule, then the burden is on the state to demonstrate its 7 good faith), abrogated on other grounds by Savedra, 2010-NMSC-025 . 8 {7} As to the second issue, we are not persuaded by Defendant’s argument that “this 9 procedural maneuvering” violated his right to be free from double jeopardy. 10 Defendant’s right to be free of double jeopardy is protected by the United States and …
examined Cited "see" State v. Romero (3×)
N.M. Ct. App. · 2014 · signal: see · confidence high
See generally State v. Ahasteen, 1998-NMCA-158, ¶ 28 , 126 N.M. 238 , 968 P.2d 1 In the interest of obviating any additional finality concerns, we note that express disposition of the remaining post-judgment motions would also appear to be advisable. 6 328 (observing that the authority of the district court to control its docket encompasses the power to “supervise and control the movement of all cases on its docket from the time of filing through final disposition” (internal quotation marks and citations omitted)), abrogated on other grounds by State v. Savedra, 2010-NMSC-025 , 148 N.M. 3…
examined Cited "see" State v. Romero (3×)
N.M. Ct. App. · 2014 · signal: see · confidence high
See generally State v. Ahasteen, 1998-NMCA-158, ¶ 28 , 126 N.M. 238 , 968 P.2d 328 (observing that the authority of the district court to control its docket encompasses the power to “supervise and control the movement of all cases on its docket from the time of filing through final disposition” (internal quotation marks and citations omitted)), abrogated on other grounds by State v. Savedra, 2010-NMSC-025 , 148 N.M. 301 , 236 P.3d 20 . {16} In both of the appeals, the State has requested that we remand to the district court without dismissing the appeals, in the apparent belief that such …
examined Cited "see" State v. Salas (4×)
N.M. Ct. App. · 2014 · signal: see · confidence high
See State v. Ahasteen, 1998-NMCA-158, ¶ 22 , 126 N.M. 238 , 968 P.2d 328 (stating that a prosecutor’s charging discretion is limited when based on improper motive), abrogated on other grounds by State v. Savedra, 2010-NMSC-025 , 148 N.M. 301 , 236 P.3d 20 . {5} The State filed its response on March 23, 2012, to Defendant’s motion to dismiss, indicating that the controlling rule was District Court Rule 5-604(B) NMRA and that Defendant’s motion was governed by the five factors set out in that rule derived from Barker v. Wingo, 407 U.S. 514 (1972), Savedra, 2010-NMSC-025 , and State v. Gar…
examined Cited "see" State v. Salas (4×)
N.M. Ct. App. · 2014 · signal: see · confidence high
See State v. Ahasteen, 1998-NMCA-158, ¶ 22 , 126 N.M. 238 , 968 P.2d 328 (stating that a prosecutor’s charging discretion is limited when based on improper motive), abrogated on other grounds by State v. Savedra, 2010-NMSC-025 , 148 N.M. 301 , 236 P.3d 20 . {5} The State filed its response on March 23, 2012, to Defendant’s motion to dismiss, indicating that the controlling rule was District Court Rule 5-604(B) NMRA and that Defendant’s motion was governed by the five factors set out in that rule derived from Barker v. Wingo, 407 U.S. 514 (1972), Savedra, 2010-NMSC-025 , and State v. Gar…
examined Cited "see" State v. Salas (4×)
N.M. Ct. App. · 2014 · signal: see · confidence high
See State v. Ahasteen, 1998-NMCA-158, ¶ 22 , 126 N.M. 238 , 968 P.2d 328 (stating that a prosecutor’s charging discretion is limited when based on improper motive), abrogated on other grounds by State v. Savedra, 2010-NMSC-025 , 148 N.M. 301 , 236 P.3d 20 . {5} The State filed its response on March 23, 2012, to Defendant’s motion to dismiss, indicating that the controlling rule was District Court Rule 5-604(B) NMRA and that Defendant’s motion was governed by the five factors set out in that rule derived from Barker v. Wingo, 407 U.S. 514 (1972), Savedra, 2010-NMSC-025 , and State v. Gar…
discussed Cited "see" State v. Gonzalez (2×)
N.M. Ct. App. · 2012 · signal: see · confidence high
See State v. Stephen F., 2006-NMSC-030, ¶ 7 , 4 1 140 N.M. 24 , 139 P.3d 184 (“We review interpretations of rules of procedure adopted 2 by this Court de novo.”). 3 The version of Rule 5-604(B)(1) in effect at the time of the district court 4 proceedings, known as the six-month rule, provided that “[t]he trial of a criminal case 5 . . . shall be commenced six (6) months after whichever of the following events occurs 6 latest . . . the date of arraignment, or waiver of arraignment, in the district court[.]” 7 Our Supreme Court abolished this version of Rule 5-604(B)(1) “for all cases…
examined Cited "see" State v. Gilmore (3×)
N.M. Ct. App. · 2012 · signal: see · confidence high
“We review de novo questions of law concerning the interpretation 16 of Supreme Court rules and the district court’s application of the law to the facts of 17 this case.” State v. Foster, 2003-NMCA-099, ¶ 6 , 134 N.M. 224 , 75 P.3d 824 ; see 18 State v. Carreon, 2006-NMCA-145, ¶ 5 , 140 N.M. 779 , 149 P.3d 95 (“We review a 3 1 district court’s application of Rue 6-506 de novo.”), abrogated on other grounds by 2 State v. Savedra, 2010-NMSC-025 , 148 N.M. 301 , 236 P.3d 20 . 3 Rule 6-506(B)(1) provides, in pertinent part, that “[t]he trial of a criminal 4 citation or complaint sh…
examined Cited "see" State v. Cale (4×)
N.M. Ct. App. · 2011 · signal: see · confidence high
“We review de novo questions of law concerning the interpretation of 11 Supreme Court rules and the district court’s application of the law to the facts of this 12 case.” State v. Foster, 2003-NMCA-099, ¶ 6 , 134 N.M. 224 , 75 P.3d 824 ; see State 13 v. Carreon, 2006-NMCA-145, ¶ 5 , 140 N.M. 779 , 149 P.3d 95 (“We review a district 14 court’s application of Rule 6-506 de novo.”), abrogated on other grounds by State v. 15 Savedra, 2010-NMSC-025 , 148 N.M. 301 , 236 P.3d 20 . 16 Defendant was arraigned on September 15, 2008, on a charge of misdemeanor 17 (first offense) DWI in the …
examined Cited "see" State v. Loya (3×)
N.M. Ct. App. · 2011 · signal: see · confidence high
See Savedra, 2010-NMSC-025, ¶ 8 , 148 N.M. 301 , 236 P.3d 20 ; see also State v. Martinez, 2011-NMSC-010, ¶2 , 149 N.M. 370 , 249 P.3d 82 .
discussed Cited "see" State v. Perez (2×)
N.M. Ct. App. · 2011 · signal: see · confidence high
See State v. Savedra, 2010-NMSC-025, ¶ 9 , 148 4 N.M. 301 , 236 P.3d 20 (withdrawing the six-month rule from the rules of criminal 5 procedure for the district court, and stating that defendants in district court may still 6 “rely upon and assert their right to a speedy trial whenever they believe impermissible 7 delay has occurred”).
examined Cited "see" State v. Powell (3×) also: Cited "see, e.g."
N.M. Ct. App. · 2010 · signal: see · confidence high
See State v. Bolton, 8 1997-NMCA-007, ¶ 13 , 122 N.M. 831 , 932 P.2d 1075 , abrogated on other grounds 9 by Savedra, 2010-NMSC-025 . “[A] de novo standard is applied to determine the type 10 of reasons that will justify a dismissal . . . or the type of analysis that should be 11 utilized in these cases.” Id. 12 IV.
discussed Cited "see, e.g." State v. Mooney (2×)
N.M. Ct. App. · 2022 · signal: see also · confidence low
See Rule 5-604(C)(3) (explaining that the rule is not applicable to cases within the district court’s exclusive trial jurisdiction); see also State v. Savedra, 2010- NMSC-025, ¶ 9, 148 N.M. 301 , 236 P.3d 20 . 2Defendant argues that the State did not preserve this issue for appeal.
examined Cited "see, e.g." State v. Ochoa (3×)
N.M. Ct. App. · 2014 · signal: see also · confidence low
The first time Defendant moved to dismiss the case for speedy trial purposes was approximately two months after the State secured a Supreme Court order granting a six-month extension pursuant to Rule 5-604 NMRA, which Defendant had opposed, fee Rule 5-604(B)(l) (requiring the commencement of a trial six months after the waiver of arraignment in district court); see also State v. Savedra, 2010-NMSC-025, ¶ 9 , 148 N.M. 301 , 236 P.3d 20 (withdrawing the six-month rule provisions set forth in Rule 5-604(B)-(E) effective for all cases pending as of May 12, 2010).
examined Cited "see, e.g." State v. Ochoa (3×)
N.M. Ct. App. · 2014 · signal: see also · confidence low
See Rule 5-604(B)(1) (requiring the commencement of a trial six months after the waiver of arraignment in district court); see also State v. Savedra, 2010-NMSC-025, ¶ 9 , 148 N.M. 301 , 236 P.3d 20 (withdrawing the six-month rule provisions set forth in Rule 5-604(B)-(E) effective for all cases pending as of May 12, 2010).
discussed Cited "see, e.g." State v. Puliti
N.M. Ct. App. · 2010 · signal: see, e.g. · confidence medium
See, e.g., Savedra, 2010-NMSC-025, ¶ 10 (abolishing the six-month rule for 12 district courts but applying the old rule to the defendants’ cases). 13 While the State argues that the Compilation Commission’s annotation to Rule 14 5-604 is not controlling, we find the commentary persuasive.
Retrieving the full opinion text from the archive…
STATE of New Mexico, Plaintiff-Petitioner,
v.
Alberto SAVEDRA, Jose Lozano, Sr., and Scott Yates, Defendants-Respondents
31,288.
New Mexico Supreme Court.
May 12, 2010.
236 P.3d 20
Gary K. King, Attorney General, Max Shepherd, Assistant Attorney General, Santa Fe, NM, for Petitioner., Thomas E. Lilley, P.C., Thomas E. Lilley, Roswell, NM, Trace L. Rabern, Attorney and Counselor at Law, L.L.C., Trace L. Rabern, Santa Fe, NM, for Respondent Alberto Savedra., Gary C. Mitchell, P.C., Gary C. Mitchell, Ruidoso, NM, for Respondents Jose Lozano, Sr., and Scott Yates.
Serna, Daniels, Maes, Bosson, Chávez.
Cited by 74 opinions  |  Published

OPINION

SERNA, Justice.

{1} In this appeal, we are presented with the recurring issue of how our six-month rules should be administered when the State dismisses charges in magistrate court and subsequently refiles the same charges in district court. On separate occasions, Defendants Savedra, Lozano, and Yates were charged with misdemeanor Driving While Intoxicated (DWI) in magistrate court, and did not reach a plea agreement. In each case, the State dismissed the charges in magistrate court and refiled the cases in district court pursuant to a prosecutorial policy of the district attorney in the Fifth Judicial District, the purpose of which is to avoid duplicative trials. After more than six months had elapsed from the arraignment or waiver of arraignment in magistrate court, each of the Defendants moved to dismiss their cases on the basis of a six-month rule violation. The district court granted each of the motions. The State appealed the dismissals, and the Court of Appeals affirmed in a consolidated case. State v. Yates, 2008-NMCA-129, ¶ 16, 144 N.M. 859, 192 P.3d 1236. We granted the State’s petition for certiorari to address whether the Court of Appeals erred when it affirmed the district court’s orders dismissing the three cases. We affirm.

DISCUSSION

{2} The six-month rules that we have established for our trial courts “provide the courts and parties with a rudimentary warning of when speedy trial problems may arise.” State v. Garza, 2009-NMSC-038, ¶ 46, 146 N.M. 499, 212 P.3d 387. The time limits for the commencement of trial in magistrate courts are governed by Rule 6-506 NMRA. The rule provides in pertinent part: “The trial of a criminal citation or complaint shall be commenced within one hundred eighty-two (182) days after whichever of the following events occurs latest: (1) the date of arraignment or the filing of a waiver of arraignment of the defendant!!]” Rule 6-506(B); see also State v. Carreon, 2006-NMCA-145, ¶ 6, 140 N.M. 779, 149 P.3d 95 (“Commencement of trial within the stated period, while not jurisdictional, is mandatory.”). In district court, the time in which a trial must be commenced is governed by Rule 5-604 NMRA, providing in pertinent part: “The trial of a criminal case or habitual criminal proceeding shall be commenced six (6) months after whichever of the following events occurs latest: (1) the date of arraignment, or waiver of arraignment, in the district court of any defendant!!]” Rule 5-604(B)(1) (emphasis added). However, there is no district court or magistrate court rule to address the interplay between the six-month rule provisions for each court when a complaint is dismissed in magistrate court and later refiled in district court.

{3} Because of this gap in the rules, a long line of appellate court opinions have sought to preserve the protections of the six-month rule by requiring the State to demonstrate that its decision to dismiss and refile was not done in bad faith to circumvent the protections of the six-month rule. See Carreon, 2006-NMCA-145, ¶ 7, 140 N.M. 779, 149 P.3d 95 (reiterating that “the State cannot escape the effect of the six-month rule if the dismissal and re-filing are done for a bad reason, including doing so for the purpose of circumventing the six-month rule”); accord State ex rel. Delgado v. Stanley, 83 N.M. 626, 495 P.2d 1073 (1972); State v. Ahasteen, 1998-NMCA-158, 126 N.M. 238, 968 P.2d 328; State v. Bolton, 1997-NMCA-007, 122 N.M. 831, 932 P.2d 1075. Accordingly, in the present appeals, the Court of Appeals majority reasoned that it was “inclined to adhere to [its] conclusion in Carreon [, 2006-NMCA-145, ¶ 11, 140 N.M. 779, 149 P.3d 95] that the mere existence of the prosecutorial policy of dismissing every magistrate court case that is not settled before the six-month deadline is insufficient to sustain the State’s burden.” Yates, 2008-NMCA-129, ¶ 11, 144 N.M. 859, 192 P.3d 1236 (internal quotation marks omitted). We agree that Carreon is directly on point and dictates that we affirm the district court’s dismissals.

{4} As in Carreon, the State in these eases dismissed Defendants’ magistrate charges and refiled the same charges in district court pursuant to a policy in which the prosecutor would dismiss a case in magistrate court once it became apparent that there would be no plea agreement and then refile the same charges in district court. The State offered no other reason for the dismissals and subsequent refilings. The facts in these eases are such that the Carreon holding — that the mere existence of such a policy is insufficient to meet the State’s burden — directly applies to Defendants’ cases. Since the State did not meet its burden to show why its dismissal and refiling was done for reasons other than to circumvent the six-month rule, Defendants’ six-month rule time periods commenced with either the arraignment or waiver of arraignment in magistrate court and continued to run until they expired; a new six-month rule time period did not commence once the cases were refiled in district court.

{5} We agree with the Court of Appeals that a literal application of Rule 5-604(B)(1), which would grant the State a new six-month time period in which to bring the case to trial upon refiling in district court, “violatefs] the spirit of the six-month rule[.]” Yates, 2008-NMCA-129, ¶ 4, 144 N.M. 859, 192 P.3d 1236. This Court has adopted the six-month rules in order to effectuate a criminal defendant’s right to a speedy trial and to “assure prompt disposition of criminal cases.” Garza, 2009-NMSC-038, ¶ 43, 146 N.M. 499, 212 P.3d 387 (“As a case management tool, the six-month rule accounts for the amount of delay considered reasonable in bringing cases to trial.”). Thus, the right protected by the six-month rules belongs to a criminal defendant, not the State, the courts, or any other party. To allow the State a new six-month time period in which to bring a case to trial after refiling would permit the State to cause delay in bringing defendant to trial after he or she was charged in magistrate court. See Carreon, 2006-NMCA-145, ¶ 6, 140 N.M. 779, 149 P.3d 95 (noting that the six-month rules “guard against lack of preparedness on the part of the State”). The focus of administration of the six-month rule should be on the defendant and his or her right to have a prompt disposition of his or her criminal charges. Thus, when charges are dismissed in the courts of limited jurisdiction, which include magistrate, metropolitan, and municipal courts, and later refiled in district court, the triggering event for six-month rule purposes is the triggering event that occurred in the court of limited jurisdiction, and the six-month time period is not automatically reset upon the refiling. In light of the existing case law in this area, the prosecution should have known that its policy of dismissing and refiling in district court was an insufficient basis for restarting the six-month rule period in district court. Accordingly, the dismissals of Defendants’ cases are affirmed because they were not brought to trial within the time period required under the magistrate court six-month rule and there was no basis for restarting the six-month rule period under the district court’s rule.

{6} While affirmance is warranted in these eases, we do take note of Judge Castillo’s special concurrence in these appeals, suggesting that we re-examine the six-month rules for district and magistrate courts. In particular, Judge Castillo suggested that:

Perhaps it would be helpful for the Supreme Court to consider amending the Rules of Criminal Procedure for district courts and magistrate courts in order to explain under what circumstances the arraignment in magistrate court would remain the triggering event for application of the district court six-month rule and under what circumstances a new six-month rule would begin.

Yates, 2008-NMCA-129, ¶ 28, 144 N.M. 859, 192 P.3d 1236 (Castillo, J., specially concurring). As the Court of Appeals noted in its Opinion, the six-month rules in magistrate and district court do not address the procedural posture presented in Defendants’ cases — there is no provision in either set of rules governing a situation when a case is dismissed in magistrate court and then later refiled in district court. Id. ¶ 13; see also State v. Heinsen, 2005-NMSC-035, ¶ 26, 138 N.M. 441, 121 P.3d 1040 (noting that Rule 5-604 “is silent on the effect of a dismissal in magistrate court and refiling in the district court”).

{7} The Court of Appeals also expressed concerns

that [the classifications of the State’s reasons for dismissing a ease as “good” or “bad”] has unnecessarily judgmental connotations, suggesting that the focus of our analysis is whether the State has acted with a culpable state of mind and that six-month rule consequences attach only when the State has acted in bad faith or engaged in gamesmanship.

Yates, 2008-NMCA-129, ¶ 9, 144 N.M. 859, 192 P.3d 1236. We share these concerns. The six-month rules were primarily created to effectuate a criminal defendant’s right to a speedy trial. But as it stands, the “good faith-bad faith” analysis developed through the Delgado line of cases renders a defendant’s right to be promptly tried as a contingent right, one that may provide protection only if the State had “bad” reasons for dismissing and refiling. We find this impermissible.

{8} As we have previously stated, the right protected by the six-month rules is a criminal defendant’s right, not that of the State, the courts, or any other party; it is not a tool to punish the State for dismissing and refiling cases in bad faith, nor should its diminution be a reward for the State’s good behavior. Viewed in that light, the cases in which courts have conducted a “good faith-bad faith” analysis regarding the State’s reasons for dismissing and refiling a case in order to determine if a new six-month time period should be granted are misguided. Instead, any inquiry into the State’s reasons for dismissing and refiling in district court should be done within the context of any speedy trial challenge the defendant may raise after the ease is refiled in district court. See Garza, 2009-NMSC-038, ¶¶ 28, 48, 146 N.M. 499, 212 P.3d 387 (providing new time frames for engaging in the four-factor Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972) speedy trial balancing test and noting that delay resulting from dismissal and refiling should be weighed against the State); see also State v. Maddox, 2008-NMSC-062, ¶ 13, 145 N.M. 242, 195 P.3d 1254 (“The reasons for a period of the delay may either heighten or temper the prejudice to the defendant caused by the length of the delay.”).

{9} In light of the foregoing, we recognize the need to revise our six-month rules to incorporate our decision set forth in this Opinion. Within the context of criminal proceedings in our courts of limited jurisdiction, our six-month rules continue to serve a useful purpose. But in our district courts, the six-month rule has become an unnecessary and sometimes counterproductive method for protecting a defendant’s right to a speedy trial. Therefore, effective for all cases pending as of the date this Opinion is filed, we withdraw the six-month rule provisions set forth in Rule 5-604(B)-(E). See State v. Pieri, 2009-NMSC-019, ¶¶ 19-20, 146 N.M. 155, 207 P.3d 1132 (recognizing the Court’s authority to make rule changes applicable to pending cases). In its place, defendants may rely upon and assert their right to a speedy trial whenever they believe impermissible delay has occurred; whether that delay is the result of a dismissal and refiling or any other cause. We therefore request that our Rules of Criminal Procedure for District Courts Committee, Rules for Courts of Limited Jurisdiction Committee, and Metropolitan Courts Rules Committee consider how best to revise their rules to allow for the dismissal of cases from a limited jurisdiction court and refiling in district court in a manner that is consistent with the principles set forth in this Opinion and that protects the defendant’s right to a speedy trial.

CONCLUSION

{10} The State failed to meet its burden to show why its dismissals and refilings were not done to circumvent the six-month rule. Thus, Defendants’ six-month rule time periods commenced with either the arraignment or waiver of arraignment in magistrate court and continued to run until they expired; new six-month time periods were not given to the State once the cases were refiled in district court. Accordingly, the dismissals of Defendants’ cases are affirmed.

{11} IT IS SO ORDERED.

WE CONCUR: CHARLES W. DANIELS, Chief Justice, PETRA JIMENEZ MAES, RICHARD C. BOSSON, and EDWARD L. CHÁVEZ, Justices.