State v. Doe

OPINION

WOOD, Judge.

After a child is involuntarily committed, what disposition is to be made of a pending petition alleging delinquency?

The petition alleged delinquency on the basis of murder and aggravated burglary. On June 17, 1981, the children’s court found that the child was incompetent to stand trial in a delinquency proceeding and ordered that proceedings be initiated for involuntary commitment. The child was committed pursuant to § 43-1-16.1, N.M.S. A.1978 (1979 Repl.Pamph.). Thereafter, the child moved for dismissal of the delinquency petition with prejudice. The trial court denied…