Legal Opinion · Dissent

State v. Muniz

New Mexico Court of Appeals

Decided October 19, 2000No. 20,116Published

1DissentKennedy, Judge

{22} I agree with the majority that it is illegal to sentence Defendant as an adult for offenses that are not adult offenses. My concern is with the remedy we suggest. I disagree that Defendant should be allowed to waive what I perceive to be the lack of jurisdiction over remaining delinquent offenses in district court. When district court acquires jurisdiction under the Children’s Code to hear delinquent offenses it sits as a children’s court. I believe children’s court has exclusive jurisdiction over the remaining offenses once Defendant is no longer charged with crimes that eonfer youthful…

2Cases cited10 opinions

  1. Smith v. AbramNew Mexico Supreme Court · 1954
  2. State v. ArdovinoNew Mexico Supreme Court · 1951
  3. State v. GibsonNew Mexico Court of Appeals · 1981
  4. State v. FergusonNew Mexico Supreme Court · 1952
  5. State v. Jonathan B.New Mexico Supreme Court · 1997

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