N.M. R. Crim. P. Magist. Ct. 6-302
N.M. R. Crim. P. Magist. Ct. 6-302
ANNOTATIONS The 2018 amendment, approved by Supreme Court Order No. 18-8300-023, effective February 1, 2019, revised the types of pleas permitted within magistrate trial jurisdiction, provided that if a defendant stands mute during a plea hearing, the court shall enter a plea of not guilty on behalf of the defendant, and provided that the court shall reject a plea of guilty or no contest if justice would not be served by acceptance of such plea; in the rule heading, deleted "motions"; in Paragraph A, changed the heading from "Pleadings" to "Pleas and defenses", deleted "In actions within magistrate trial jurisdiction, the pleadings shall consist of the complaint and the plea.", added "or no contest", deleted "not guilty by reason of insanity and nolo contendere", and added "A plea of not guilty shall not operate as a waiver of any defense or objection."; in Paragraph B, in the heading, added "Failure or", and added "or stands mute"; and added Paragraph C. Motions for abatement. - Proceedings pending in an inferior court ought to be abated when charges are instituted in district court in relation to the same episode. Since such procedures would promote judicial economy, the overriding state interest being the efficient prosecution of all crimes and especially felonies, a defendant in such a situation would have a right to move the inferior court for an abatement to abide the event in district court; and should a defendant in such a case, for whatever reason, fail to so move, he might well have thereby waived any right to complain of piecemeal prosecution. State v. Tanton, 1975-NMSC-057, 88 N.M. 333, 540 P.2d 813. Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 443 to 511. Propriety and prejudicial effect of showing, in criminal case, withdrawn guilty plea, 86 A.L.R.2d 326. 22 C.J.S. Criminal Law § 355 et seq.