AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Defendant was convicted of aggravated battery with a deadly weapon. He appealed the conviction, asserting that his right to a speedy trial was violated.

Procedural History

• District Court of Lea County, Gary L. Clingman, District Judge: Convicted the Defendant of aggravated battery with a deadly weapon.

Parties' Submissions

• Appellant: Argued that his right to a speedy trial was violated and contended that the case, being of a simple nature, experienced a delay exceeding the acceptable threshold by three months.
• Appellee: [Not applicable or not found]

Legal Issues

• Whether the Defendant's right to a speedy trial was violated.

Disposition

• The Court of Appeals affirmed the District Court's conviction of the Defendant for aggravated battery with a deadly weapon.

Reasons

• J. Miles Hanisee, Judge, with Timothy L. Garcia, Judge, and Stephen G. French, Judge concurring, found that the Defendant's right to a speedy trial was not violated. The Court assumed the truth of the Defendant's assertion that he had entered a conditional plea reserving the right to appeal the speedy trial issue. The Court characterized the case as of intermediate complexity and found the fifteen-month delay did not surpass the applicable threshold for such cases. Even assuming the case was simple and the delay exceeded the threshold by three months, this factor weighed only slightly in the Defendant's favor. The Court noted that only administrative or negligent delay was suggested, which does not weigh heavily in favor of the Defendant. The Defendant's late assertion of his right and the lack of a substantiated claim of particularized harm led the Court to conclude that the Defendant's speedy trial claim was properly rejected (paras 1-3).