Salandre V. State

We granted certiorari in this "speedy trial" case because the opinion of the court of appeals implicated the allocation of burden of proof recently addressed in Zurla v. State, 109 N.M. 640, 789 P.2d 588 (1990). In Zurla we overruled that part of State v. Tartaglia, 108 N.M. 411, 773 P.2d 356 (Ct. App.), cert. denied, 108 N.M. 318, 772 P.2d 352 (1989) (Tartaglia I), which appeared to place the burden of persuasion on the defendant to show actual prejudice resulting from delay deemed "presumptively prejudicial." See also Work v. State, 111 N.M. 145, 803 P.2d 234 (1990) (applying Zurla). The court of appeals relied on Tartaglia I in its opinion in this case, and, after careful review of the record in light of Zurla, we conclude the court of appeals erred. We reverse.