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STATE v. STEPHEN F.

No. 29,128.

139 P.3d 184 (2006)

140 N.M. 24

2006-NMSC-030

STATE of New Mexico, Plaintiff-Petitioner, v. STEPHEN F., a child, Defendant-Respondent.

Supreme Court of New Mexico.

June 28, 2006.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Jacqueline R. Medina, Assistant Attorney General, Santa Fe, NM, for Petitioner.

John Bigelow, Chief Public Defender, Vicki W. Zelle, Assistant Appellate Defender, Santa Fe, NM, for Respondent.

OPINION

BOSSON, Chief Justice.

{1} Child Stephen F. was convicted by a jury as a youthful offender for committing two counts of criminal sexual penetration. After his convictions, the trial court ordered a diagnostic evaluation to determine Child's amenability to treatment. Over two months passed and the trial court had yet to conduct a dispositional hearing. Child filed a motion to dismiss, alleging that the 45-day time period set forth in...

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