IN RE DANIEL H.

No. 22,814.

68 P.3d 176 (2003)

133 N.M. 630

2003-NMCA-063

In the Matter of DANIEL H., a Child.

Court of Appeals of New Mexico.

March 4, 2003.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Plaintiff-Appellant.

John B. Bigelow, Chief Public Defender, Santa Fe, NM, Aliza Organick, Assistant Public Defender, Albuquerque, NM, for Defendant-Appellee.

Claire Dickson, Protection & Advocacy Systems, Inc., Albuquerque, NM, for Amicus Curiae Protection & Advocacy Systems, Inc.


OPINION

FRY, Judge.

{1} The opinion filed on January 31, 2003, is withdrawn and the following is substituted therefor. The motion for rehearing is granted.

{2} In this case we address the course of action a trial court may take when the court finds a child is incompetent to stand trial and that the child in all likelihood cannot be treated to competency. Specifically, we discuss the alleged discrepancy...

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