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, Javier Trevizo, was arrested on October 13, 2005, for driving under the influence (DWI) (first offense) and reckless driving, among other violations not relevant to this appeal. The criminal complaint against the Defendant was filed on April 12, 2007, nearly eighteen months after the arrest (para 2).

Procedural History

• Metropolitan Court: Denied Defendant's motion to dismiss, concluding a two-year statute of limitations applied, leading to Defendant's conviction of DWI (first offense) and reckless driving (para 3).
• District Court of Bernalillo County: Reversed the metropolitan court's decision and remanded for the charges against Defendant to be dismissed with prejudice, concluding that a one-year statute of limitations applied to both charges (para 4).

Parties' Submissions

• State: Argued that a two-year statute of limitations applies to all violations of the Motor Vehicle Code as misdemeanors unless otherwise designated as a felony. Alternatively, contended that a three-year statute of limitations should apply since the crimes are found outside of the Criminal Code (paras 6, 10, 12-13).
• Defendant: Contended that both DWI (first offense) and reckless driving are petty misdemeanors subject to a one-year statute of limitations (para 6).

Legal Issues

• Whether the applicable statute of limitations for DWI (first offense) and reckless driving is one, two, or three years (para 5).

Disposition

• The Court of Appeals affirmed the district court's order to remand to the metropolitan court for dismissal of the charges against Defendant with prejudice, concluding that a one-year statute of limitations applies to both crimes (para 20).

Reasons

• The Court of Appeals, per Judge James J. Wechsler, with Chief Judge Celia Foy Castillo and Judge Linda M. Vanzi concurring, based its decision on statutory interpretation of the relevant provisions of the Criminal Code and the Motor Vehicle Code. The court concluded that both DWI (first offense) and reckless driving are petty misdemeanors subject to a one-year statute of limitations, rejecting the State's arguments for a two-year or three-year statute of limitations. The court relied on the plain meaning of the statutes, legislative intent, and precedent set by the Supreme Court in Robinson v. Short, which emphasized the importance of the penalty authorized for the violation in determining the applicable statute of limitations (paras 7-19).