State v. Indie C.

2006 NMCA 014, 128 P.3d 508, 139 N.M. 80
CourtNew Mexico Court of Appeals
DecidedDecember 21, 2005
DocketNo. 25,309
StatusPublished
Cited by2 cases

This text of 2006 NMCA 014 (State v. Indie C.) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Indie C., 2006 NMCA 014, 128 P.3d 508, 139 N.M. 80 (N.M. Ct. App. 2005).

Opinion

OPINION

PICKARD, J.

{1} This ease requires us to decide whether the Delinquency Act, NMSA 1978,' §§ 32A-2-1 to -33 (1993, as amended through 2005) (the Act) authorizes an initial commitment to the age of twenty-one of a child who has been adjudicated delinquent for first degree murder committed when the child was under fourteen years of age. Because the Act unambiguously gives the trial court the authority to order such a commitment, we affirm.

PROCEEDINGS BELOW AND STANDARD OF REVIEW

{2} Indie C. (Child) was adjudicated delinquent for first degree murder in connection with the stabbing death of Fabian Munoz, which occurred on July 4, 2004. At the time of the offense, Child was thirteen years old. Child argued that she should only receive a two-year commitment, subject to extensions as permitted by the Act. Instead, the trial court committed her to the custody of the Children, Youth and Families Department (CYFD) until she reaches the age of twenty-one. Child then submitted a motion arguing that the commitment was not authorized by the Act. The trial court denied the motion. Child advances the same argument on appeal. Child’s argument presents a question of statutory interpretation, which we review de novo. State v. Smith, 2004-NMSC-032, ¶ 8, 136 N.M. 372, 98 P.3d 1022.

DISCUSSION

{3} In order to better explain Child’s arguments, we begin with a brief overview of the dispositional scheme of the Act. While the Act has been amended since Child committed her offense, the amendments do not affect the issues in this case. Therefore, we cite to the 2005 versions of the relevant statutes. We quote them in their entirety in the appendix to this opinion.

{4} The Act provides for three categories of offenders: serious youthful offenders, youthful offenders, and delinquent offenders. See § 32A-2-3(C), (H), (I). The category into which a child is placed is based on the child’s age and the offense committed. The category in turn determines the dispositions available to the trial court upon an adjudication of delinquency. Section 32A-2-3(H) defines a “serious youthful offender” as a fifteen to eighteen year old who is “charged with and indicted or bound over for trial for first degree murder.” A serious youthful offender is treated as an adult and, if convicted as charged, sentenced pursuant to the adult statutes. NMSA 1978, § 31 — 18— 15.3(D) (1993). Section 32A-2-3(I) defines a “youthful offender” as (1) a fourteen to eighteen year old who commits one of a list of enumerated offenses, (2) a fourteen to eighteen year old who commits a felony offense and has had three prior felony adjudications within the preceding three years, or (3) a fourteen year old who commits first degree murder. A youthful offender who is not amenable to rehabilitation may be sentenced as an adult. Section 32A-2-20(A), (B). Section 32A-2-3(C) defines a “delinquent offender” as any child who has committed a delinquent act but does not fit into either the serious youthful offender category or the youthful offender category.

{5} Section 32A-2-19(B)(l) provides the possible dispositions of a delinquent offender, giving the trial court authority to order any of the three following commitments:

(a) a short-term commitment of one year ...;
(b) a long-term commitment for no more than two years ...; [or]
(c) if the child is a delinquent offender who committed one of the criminal offenses set forth in [Section 32A-2-3(I)], a commitment to age twenty-one[.]

{6} Ml commitments under the Act represent the maximum time that a child may spend in custody. A child must be released before the end of the commitment period “when it appears that the purpose of the order [of commitment] has been achieved before the expiration of the period of the judgment.” Section 32A-2-23(C). When a child is given a long-term commitment of two years, a court may, before the expiration of the commitment, extend the judgment for additional periods of one year upon a finding that extension is “necessary to safeguard the welfare of the child or the public safety.” Section 32A-2-23(E). Such additional commitments may not extend past the date on which the child reaches twenty-one. Id.

{7} In this case, there is no dispute regarding Child’s category — Child is a delinquent offender because she does not fit the requirements of either the serious youthful offender category or the youthful offender category. Because Child is a delinquent offender, Section 32A-2-19(B) provides the types of commitment that the trial court was authorized to impose. Child argues that an initial commitment to the age of twenty-one was not authorized under that section. We disagree.

{8} As indicated above, Section 32A-2-19(B)(1)(c) states that the court may order the commitment of a delinquent offender until age twenty-one if the offender has committed any of the offenses listed in Section 32A-2~3(I). One of the offenses listed in Section 32A-2-3(I) is first degree murder. Thus, because Child was adjudicated to have committed first degree murder, the trial court was authorized to order her committed until she reaches age twenty-one.

{9} Child provides several arguments against reading the statute in the way we have just set forth. For the following reasons, we reject Child’s arguments.

{10} First, Child relies on State v. Adam M., 2000-NMCA-049, 129 N.M. 146, 2 P.3d 883. While we do not agree with Child’s interpretation of that case, we acknowledge that the case does contain language that, if taken out of context, would support Child’s position. For example, in Adam M., we said that “the Code does not enable the children’s court to order any greater period than two years for an initial commitment at a dispositional hearing for a delinquent child.” Id. ¶ 10. However, the issue before the Court in Adam M. was whether the Act provided “any authority for the children’s court to order consecutive commitments for the same underlying behavior which is the subject of two separate petitions combined for disposition.” Id. ¶ 6.

{11} Because we were not asked in Adam M. to consider whether the Act would authorize a commitment to age twenty-one for someone in Child’s position, that case does not support Child’s position here. See Fernandez v. Farmers Ins. Co., 115 N.M. 622, 627, 857 P.2d 22, 27 (1993) (noting that cases are not authority for propositions not considered). We also note that Adam M. read as a whole does not support Child’s position because, in examining the predecessor of Section 32A-2-19(B)(l), we stated that it allowed for the following types of commitment: “(1) a short-term commitment of one year; (2) a long-term commitment of no more than two years; or (3) a commitment to age 21, unless sooner discharged, for a delinquent offender who committed a serious offense specified in the Code or a youthful offender as designated in the Code.” Adam M., 2000-NMCA-049, ¶6, 129 N.M. 146, 2 P.3d 883 (emphasis added). For the foregoing reasons, we reject Child’s argument that Adam M. precludes her commitment to age twenty-one.

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Bluebook (online)
2006 NMCA 014, 128 P.3d 508, 139 N.M. 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-indie-c-nmctapp-2005.