State v. Mascarenas

(specially concurring).

I concur with the result in the majority opinion. We cannot condone the state’s conduct which so delays a defendant’s right to a speedy trial that it violates Article II, § 14 of the New Mexico Constitution.

To me, an important point to decide is the constitutionality of the statute under which defendant was convicted.

A. Section 40A-Ó-3, N.M.S.A.1953 (Repl. Vol. 6), Contributing to Delinquency Act is Unconstitutional.

The first claimed error raised by defendant was the constitutionality of § 40A-6-3, N.M.S.A.1953 (Repl.Vol. 6), the contributing delinquency Act. Defendant…