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STATE v. HELMS

No. 11491.

779 P.2d 550 (1989)

STATE of New Mexico, Plaintiff-Appellee, v. Darrol HELMS, Defendant, and Ann Hughes, M.D., Contemnor-Appellant.

Court of Appeals of New Mexico.

July 18, 1989.

Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Gail MacQuesten, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Beth Schaefer, Asst. Gen. Counsel, New Mexico Health & Environment Dep't, Santa Fe, for contemnor-appellant, Ann Hughes, M.D.

Rebecca W. Ehler, Chaves County Atty., Roswell, for the Administrator of the Chaves County Detention Center.

Arturo D. Hernandez, Roswell, for defendant Darrol Helms.

OPINION

HARTZ, Judge.

Dr. Ann Hughes appeals from an order holding her in contempt of court. We reverse because she was not afforded the procedural protection required before criminal penalties can be imposed for contempt.

The controversy arose out of a criminal proceeding against Darrol Helms. The district court had found Helms incompetent to stand trial and on January 25, 1989, entered an order that he be returned to the Forensic Division of the...

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