State v. Muniz
New Mexico Court of Appeals
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
- Smith v. AbramNew Mexico Supreme Court · 1954
- State v. ArdovinoNew Mexico Supreme Court · 1951
- State v. GibsonNew Mexico Court of Appeals · 1981
- State v. FergusonNew Mexico Supreme Court · 1952
- State v. Jonathan B.New Mexico Supreme Court · 1997
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