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STATE v. JODY C.

No. 12711.

823 P.2d 322 (1991)

113 N.M. 80

STATE of New Mexico, Plaintiff-Appellant, v. JODY C., a Child, Respondent-Appellee.

Court of Appeals of New Mexico.

Certiorari Quashed December 24, 1991.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Jacquelyn Robins, Chief Public Defender, Hollis Ann Whitson, Appellate Defender, Santa Fe, Robert O. Beck, Trial and Asst. Appellate Counsel, Clayton, for respondent-appellee.

OPINION

DONNELLY, Judge.

The state appeals from an order of the children's court dismissing a delinquency petition with prejudice. The sole issue raised on appeal is whether the children's court erred in dismissing the petition against the child based upon the state's failure to accord the child an adjudicatory hearing within the ninety-day period prescribed by SCRA 1986, 10-226(B). We reverse.

FACTS

The petition alleging Jody C. (the child...

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