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STATE v. GALLEGOS

No. 11857.

802 P.2d 15 (1990)

111 N.M. 110

STATE of New Mexico, Plaintiff-Appellee, v. Charles GALLEGOS, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied November 26, 1990.

Attorney(s) appearing for the Case

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

Jacquelyn Robins, Chief Public Defender, Susan Gibbs, Appellate Defender, Santa Fe, for defendant-appellant.

OPINION

MINZNER, Judge.

This case concerns the constitutionality of the new mental illness and competency statutes, NMSA 1978, §§ 31-9-1 to -1.5 (Cum.Supp. 1989), and the proper procedure thereunder. Defendant appeals from an order of the trial court finding by a preponderance of the evidence that he committed the crimes of child abuse resulting in great bodily harm and aggravated battery, finding that he is dangerous, and ordering him to be detained...

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