STATE of New Mexico, Plaintiff-Appellee,
v.
RUDY B., Child-Appellant.
Court of Appeals of New Mexico.https://leagle.com/images/logo.png
July 30, 2009.
Certiorari Granted, No. 31,909, September 15, 2009.
Attorney(s) appearing for the Case
Gary K. King, Attorney General, Santa Fe, NM, M. Victoria Wilson, Assistant Attorney General, Albuquerque, NM, for Appellee.
Hugh W. Dangler, Chief Public Defender, J.K. Theodosia Johnson, Assistant Appellate Defender, Santa Fe, NM, for Appellant.
Juvenile Law Center, Marsha Levick, Jessica Feierman, Philadelphia, PA, for Amicus Curiae.
Court of Appeals of New Mexico.
OPINION
CASTILLO, Judge.
{1} The primary issue in this appeal concerns a challenge to the statutory procedure used to determine whether a youthful offender is sentenced as an adult or as a juvenile. Under the Delinquency Act, NMSA 1978, §§ 32A-2-1 to -33 (1993, as amended through 2007) (Delinquency Act), the trial court determines whether to impose a juvenile or adult sentence after making findings based on evidence presented at an...
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