Legal Opinion

State v. Nanco

New Mexico Court of Appeals

Decided August 17, 2012No. 33,808; Docket 30,788PublishedCited by 1 opinion

1Opinion of the Court

OPINION

VIGIL, Judge.

{1} A child who is found guilty of being a serious youthful offender is subject to the same sentence as an adult, including the statutory right to receive presentence confinement credit. This case requires us to consider whether a child who is found not guilty of being a serious youthful offender, but adjudicated as a delinquent offender on a lesser-included offense, is likewise entitled to presentence confinement credit against his commitment to CYFD. We conclude that the applicable statutes intentionally omit and thereby preclude granting such a credit. Because the…

2Cases cited5 opinions

  1. State v. MartinezNew Mexico Supreme Court · 1998
  2. State v. JonesNew Mexico Supreme Court · 2010
  3. State v. LuceroNew Mexico Supreme Court · 2007
  4. State v. DENNIS F.New Mexico Court of Appeals · 1986
  5. State v. LopezNew Mexico Court of Appeals · 2009

3Cited by1 opinion

  1. State v. MartinezNew Mexico Court of Appeals · 2019

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