State of New Mexico, Plaintiff-Petitioner v. Danny Surratt, Defendant-Respondent

Summary

The New Mexico Supreme Court held that a properly appointed special prosecutor may appoint another special prosecutor under NMSA 1978 § 36‑1‑23.1, that the second special prosecutor had authority to prosecute, and therefore the district court retained subject‑matter jurisdiction. The Court reversed the Court of Appeals and reinstated Defendant Surratt’s conviction.