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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO, 3 4 v. 5 MATTHEW R. WAUNEKA, 6 Defendant-Appellant. Plaintiff-Appellee, NO. 32,086

7 APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY 8 Louis E. DePauli, Jr., District Judge

9 Gary K. King, Attorney General 10 Albuquerque, NM 11 for Appellee 12 Jacqueline L. Cooper, Chief Public Defender 13 Karl Erich Martell, Assistant Appellate Defender 14 Santa Fe, NM 15 for Appellant

16 17 KENNEDY, Judge.

MEMORANDUM OPINION

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Matthew Wauneka (Defendant) appeals his conviction for DWI (slightest

2 degree). We issued a calendar notice proposing to affirm. Defendant has responded 3 with a memorandum in opposition. Not persuaded, we affirm Defendant's conviction. 4 ISSUE A: 5 Defendant continues to argue that the six-month rule was violated. [MIO 3]

6 Our Supreme Court has reassessed the six-month rule as it applies in both the district 7 courts and lower courts with a new constitutional-type speedy trial analysis applicable 8 to cases that have been refiled in district court. State v. Savedra, 2010-NMSC-025, 9

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