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STATE v. DOE

No. 3244.

574 P.2d 1021 (1978)

91 N.M. 393

STATE of New Mexico, Plaintiff-Appellee, v. John DOE, a child, Defendant-Appellant.

Court of Appeals of New Mexico.

January 24, 1978.

Attorney(s) appearing for the Case

Dahl L. Harris, Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., John J. Duran, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

This is an interlocutory appeal arising out of the denial of John Doe's motion to dismiss a petition for delinquency filed by the State in the Children's Court. We reverse.

Supreme Court Rule 23(c)(1) of the Rules of Procedure for the Children's Code [§ 13-14A-23(c)(1), N.M.S.A. 1953 (Repl. Vol. 3, pt. 1, 1976 Supp.)] provides that the petition "... shall be filed: ... within 30 days from the date the preliminary inquiry...

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