State v. Padilla

Summary

The New Mexico Supreme Court held that the statutory tolling provision NMSA 30‑1‑9 applies to second‑degree felonies but its five‑year proviso bars the State from benefiting from tolling where the underlying limitations period exceeds five years. Accordingly, a criminal information dismissed without prejudice does not toll the six‑year limitations period, rendering the refiled charges time‑barred. The Court affirmed the Court of Appeals and remanded for vacatur of Padilla’s convictions.