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eBook details

• Title: State v. Michael S.
• Author : New Mexico Court of Appeals
• Release Date : January 28, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

Filing Date: January 28, 1998 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY JAY W. FORBES, District Judge {1} The issue we address in this case is what time limit applies to the trial of youthful offenders under the Children's Code--no time limit, the 30- or 90-day time limit found in the Children's Court Rules, or the six-month time limit found in the Rules of Criminal Procedure. We hold that the six-month rule applies. We also address summarily and reject Respondent's contention that the 20-day time limit on Dispositional hearings applies to his sentencing. Accordingly, we affirm. {2} The controversy in this case arises because, for many years, children alleged to be delinquent for committing serious crimes or who could not be rehabilitated in juvenile facilities could be transferred to district court for trial and Disposition. See NMSA 1978, 32-1-29 (1981), -30 (1977). During the time Sections 32-1-29 and -30 were in effect, the Children's Court Rules provided that those rules applied only to children's court proceedings. See Compiler's Annotations to Rule 10-101, NMRA 1997--Annotation entitled ""The 1994 amendment."" (This and all further references to the Children's Court Rules are to the rules as they existed prior to the February 1, 1997, amendments, unless expressly otherwise noted.) Although the six-month rule expressly does not apply to children's court proceedings, Rule 5-604(E), NMRA 1997, our cases have held that, once a child was transferred to district court, the six-month rule applied. See State v. Howell, 89 N.M. 10, 11, 546 P.2d 858, 859 (Ct. App. 1976). SCRA 1986, 10-222 governed procedure for transfer.

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