State v. Doe

OPINION

SUTIN, Judge.

This is an interlocutory appeal arising out of the denial of John Doe’s motion to dismiss a petition for delinquency filed by the State in the Children’s Court. We reverse.

Supreme Court Rule 23(c)(1) of the Rules of Procedure for the Children’s Code [§ 13-14A-23(c)(1), N.M.S.A. 1953 (Repl. Vol. 3, pt. 1, 1976 Supp.)] provides that the petition “. . . shall be filed: . within 30 days from the date the preliminary inquiry was concluded if the child is not in detention.” John Doe was not in detention. The petition for delinquency was filed 34 days after the conclusion of the…