STATE v. DOE

No. 2946.

570 P.2d 595 (1977)

91 N.M. 57

STATE of New Mexico, Petitioner-Appellant, v. John DOE, a child, Respondent-Appellee.

Court of Appeals of New Mexico.

August 2, 1977.


Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Roderick A. Dorr, Asst. Atty. Gen., Santa Fe, for petitioner-appellant.

Bruce P. Moore, Albuquerque, for respondent-appellee.


OPINION

WOOD, Chief Judge.

Judge Ryan removed himself from this Children's Court case. Thereafter Mary Walters, sitting as "Judge Designate of the Children's Court" dismissed the petition alleging delinquency. The state appealed. Our calendar assignment, see N.M.Crim. App. 207, stated that the parties should brief the question of Mary Walters' authority to preside. Briefs have been filed. We hold that Mary Walters had no authority to preside as judge in...

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