STATE v. RUDY

No. 31,909.

243 P.3d 726 (2010)

2010-NMSC-045

STATE of New Mexico, Plaintiff-Petitioner, v. RUDY B., Defendant-Respondent.

Supreme Court of New Mexico.

October 19, 2010.


Attorney(s) appearing for the Case

Gary K. King , Attorney General, M. Victoria Wilson , Assistant Attorney General, Santa Fe, NM, for Petitioner.

Hugh W. Dangler , Chief Public Defender, J.K. Theodosia Johnson , Assistant Appellant Defender, Santa Fe, NM, for Respondent.

Marsha L. Levick , Katherine E. Burdick , Philadelphia, PA, for Amici Curiae, Juvenile Law Center, Children's Law Center of Massachusetts, Juvenile Justice Project of Louisiana, National Juvenile Defender Center, New Mexico Criminal Defense Lawyers Association, Southern Juvenile Defender Center, and Professor Barbara Fedders.


OPINION

BOSSON, Justice.

{1} New Mexico law requires a trial judge to hold an evidentiary hearing to determine whether a juvenile, adjudicated as a youthful offender for having committed certain serious criminal offenses, is "amenable" to treatment or rehabilitation in juvenile facilities or should be sentenced to prison as an adult. See NMSA 1978, § 32A-2-20 (1993) (amended 2009). Our courts have labored for years debating whether...

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