This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The case involves a child who was adjudicated delinquent for carrying a deadly weapon on school grounds. The events leading to the case are not detailed in the decision.
Procedural History
- District Court of San Juan County, Sandra A. Price, District Judge: The child was adjudicated delinquent. (headnotes)
Parties' Submissions
- Appellee (State of New Mexico): Agreed with the Court of Appeals' proposal to reverse the adjudication of delinquency and remand for retrial, asserting that retrial was not barred. (headnotes)
- Appellant (Child): Did not file a response to the Court of Appeals' second calendar notice. (headnotes)
Legal Issues
- Whether the adjudication of delinquency should be reversed based on the precedent set in State v. Nick R., 2009-NMSC-050.
- Whether retrial is barred under the circumstances of the case.
Disposition
- The Court of Appeals reversed the adjudication of delinquency and remanded the case to the district court for retrial. (headnotes)
Reasons
Per Wechsler J. (Sutin and Vigil JJ. concurring):
The Court of Appeals issued two calendar notices in the case. In the second calendar notice, the Court proposed to reverse the adjudication of delinquency based on the New Mexico Supreme Court's decision in State v. Nick R., 2009-NMSC-050, which provided relevant legal precedent. The Court also proposed that reasonable minds could infer the child had the requisite intent to support a conviction for carrying a deadly weapon on school grounds, meaning retrial was not barred. The State agreed with both proposals, while the child did not respond to the second calendar notice. Based on these considerations, the Court reversed the adjudication of delinquency and remanded the case for retrial. (headnotes)