Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,502 documents
Citations - New Mexico Appellate Reports
State v. Nick R. - cited by 87 documents
Decision Content
STATE V. FRANCISCO M.
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.
STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
FRANCISCO M.,
Child-Appellant.
NO. 29,781
COURT OF APPEALS OF NEW MEXICO
February 2, 2010
APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY, Sandra
A. Price, District Judge
COUNSEL
Gary K. King, Attorney General, Andrew S. Montgomery, Assistant Attorney General, Santa Fe, NM, for Appellee
Hugh W. Dangler, Chief Public Defender, J.K. Theodosia Johnson, Assistant Appellate Defender, Santa Fe, NM, for Appellant
JUDGES
JAMES J. WECHSLER, Judge. WE CONCUR: JONATHAN B. SUTIN, Judge, MICHAEL E. VIGIL, Judge
AUTHOR:
MEMORANDUM OPINION
WECHSLER, Judge.
Child appeals the adjudication of delinquency. We issued two calendar notices in this case. In our second calendar notice, we proposed to reverse and remand for retrial. We proposed to reverse the adjudication of delinquency based on our Supreme Court’s decision in State v. Nick R., 2009-NMSC-050, 147 N.M. 182, 218 P.3d 868. We also proposed to hold that reasonable minds could infer that Child had the intent necessary to support a conviction for carrying a deadly weapon on school grounds, and therefore retrial was not barred. The State responded to our second calendar notice, agreeing that the adjudication of delinquency should be reversed and agreeing that retrial is not barred. Child filed no response to our second calendar notice. We therefore reverse for the reasons discussed in our second calendar notice, and we remand to the district court for retrial.
IT IS SO ORDERED.
JAMES J. WECHSLER, Judge
WE CONCUR:
JONATHAN B. SUTIN, Judge
MICHAEL E. VIGIL, Judge