STATE v. TRUJILLO

No. 30,318.

206 P.3d 125 (2009)

2009-NMSC-012

STATE of New Mexico, Plaintiff-Petitioner, v. Daniel Ben TRUJILLO, Defendant-Respondent.

Supreme Court of New Mexico.

Rehearing Denied March 30, 2009.


Attorney(s) appearing for the Case

Gary K. King, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Petitioner.

Hugh W. Dangler, Chief Public Defender, JK Theodosia Johnson, Assistant Appellate Defender, Marc A. Gordon, Assistant Public Defender, Santa Fe, NM, for Respondent.

Jones, Snead, Wertheim & Wentworth, P.A., Jerry Todd Wertheim, Trace L. Rabern, Santa Fe, NM, Barbara E. Bergman, Albuquerque, NM, for Amicus Curiae New Mexico Criminal Defense Lawyers Association.


OPINION

SERNA, Justice.

{1} We are faced with the unenviable task of interpreting the statutory labyrinth created by the intersection of the New Mexico Mental Illness and Competency Code ("NMMIC"), NMSA 1978, §§ 31-9-1 to -1.5 (1988), NMSA 1978, Section 31-9-1.6 (1997, as amended through 1999), and the Mental Health and Developmental Disabilities Code ("MHDDC"), NMSA 1978, §§ 43-1-1 to -25 (1976). First, we are asked whether...

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