Legal Opinion
State v. Gonzales
New Mexico Court of Appeals
Decided May 9, 2001No. 20,998PublishedCited by 35 opinions
1Opinion of the Court
OPINION
PICKARD, Chief Judge.
{1} Defendant appeals his adult sentence as a consequence of the trial court’s findings that he was not amenable to treatment as a juvenile or eligible for commitment to an institution for the mentally disordered or developmentally disabled pursuant to NMSA 1978, § 32A-2-20 (1996). Defendant argues that the state and federal constitutions require the State to prove these findings to a jury beyond a reasonable doubt before a court may exercise its discretion to sentence a child as an adult. In support of his federal constitutional argument, Defendant relies on…
2Cases cited25 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Apprendi v. New JerseySupreme Court of the United States · 2000
- In Re WINSHIPSupreme Court of the United States · 1970
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Addington v. TexasSupreme Court of the United States · 1979
20 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- State v. JonesSupreme Court of Kansas · 2002
- State v. Rudy B.New Mexico Supreme Court · 2010
- State v. MoralesNew Mexico Court of Appeals · 2001
- State v. Sergio B.New Mexico Court of Appeals · 2002
- State ex rel. Children, Youth & Families DepartmentNew Mexico Court of Appeals · 2002
30 more not listed; retrieve them via the Exa API.