State v. Steven B.

2004 NMCA 086, 94 P.3d 854, 136 N.M. 111
CourtNew Mexico Court of Appeals
DecidedMay 27, 2004
DocketNo. 23771, 23747, 23509, 23741
StatusPublished
Cited by18 cases

This text of 2004 NMCA 086 (State v. Steven B.) 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. Steven B., 2004 NMCA 086, 94 P.3d 854, 136 N.M. 111 (N.M. Ct. App. 2004).

Opinions

OPINION

CASTILLO, Judge.

{1} In this opinion, we consolidate four appeals brought individually by Steven B., Gabriel C., Gerald L., and Matthew S. (children), challenging the Grade Court program (grade court) operated by the children’s court in San Juan County. Because children did not preserve the issue of whether grade court as a whole is authorized by the Children’s Code, NMSA 1978, §§ 32A-1-1 to - 21-7 (1993, as amended through 1999) (Code), we confine our opinion to the narrow issue of whether the Code authorizes the children’s court to order detention for violation of grade court. We also determine that one child, Gabriel, did not preserve two additional issues, concerning his guilty plea and the length of his probation. We affirm the orders of detention entered by the children’s court for all four children.

I. BACKGROUND

{2} We detail each child’s individual facts in our discussion of each case. All children, however, have certain facts in common: Each child pled guilty to a criminal offense. Each was subsequently ordered by then Judge Paul R. Onuska to participate in grade court as a condition of release, pending sentencing; Steven and Gabriel were later placed on probation with grade court included in their conditions of probation. Each child signed the same form detailing the grade court conditions; the form is entitled Grade Court Order Setting Conditions of Probation/Release (grade court order).

{3} The grade court order sets the following conditions:

1. U HOUR HOUSE ARREST — To ensure that you are supervised and do not get in any more trouble. You can attend school, work, participate in clubs, sports or activities if supervised by a coach, boss, or sponsor. You can be out only if you are with your parents or an adult they have approved of.
2. PARENTS ARE PARTY RESPONDENT — This means that the Court acknowledges how important it is for the parent/guardian to participate in order to make Grade Court work...
Parenting/Support classes are required.
3. RELEASE OF INFORMATION— Student and parents/guardian shall execute a release of information allowing the school personnel to share information with Grade Court staff, the Court, or Juvenile Probation Officers. The reason for this is to make sure that all parties are all fully informed. It also allows Grade Court staff to share information with school staff.
a. CONFIDENTIAL RELEASE OF INFORMATION ....
b. ATTENDANCE — -Your daily attendance at all classes at school is required. Only absences excused by the school shall be excused by the Grade Court. Truancy of one class will result in 24 hours of detention, more than one class may result in 48 hours of detention or more.
c. DAILY ASSIGNMENT SHEETS — You are required to have daily assignment sheets completed by each teacher in each class. You then take these home and give them to your parents and they are to utilize these in making sure that all assignments and homework is [sic] complete.
d. WEEKLY PROGRESS REPORTS — You are required to get a Weekly Progress Report showing your progress in each class. These are to be brought home and given to your parents. It is the further responsibility of your parents and you to deliver to the Grade Court Officer all assignment sheets for the past week and the weekly progress reports by Friday or Monday of [ ] every week.
e. MINIMUM ONE HOUR STUDY PERIODS ....
f. BOOK REPORTS — If all homework is completed or there is no homework, then the one hour study period is to be utilized for reading books.... During the summer, you must read a book per week and com-' píete a book report on those books and submit it to the Grade Court Officer on a weekly basis. Or you must participate in the Accelerated Reader Program.
g. GRADE PERFORMANCE — You are expected to receive C’s or better. If final grades for a period (either 6 weeks or 9 weeks reporting period) drop below a C, then your parents may be required to attend school with you, from one day up to one week. It is the joint responsibility of you and your parents to succeed in the classroom.
h. RELEASE — C’s or better in each class on a report card can get you off of house arrest if the Judge agrees and your parents do not object.
If you get C’s on two report cards in a row, you may be released from Grade Court____
4.READING IMPROVEMENT REQUIREMENTS — If you are reading below the grade level, then successful completion of a reading program will be necessary. It will be required of your parents and you to coordinate with the Grade Court Officer for the attendance at any approved reading development program here in the county or to work with the assigned tutors to improve reading capabilities. Weekly reading progress reports will be required of these efforts____
5. PARENTING CLASSES ....
6. APPEARANCES — All participants in Grade Court are required to attend all Grade Court appearances as set forth by the Court. Grade Court appearances will be at a minimum of one monthly appearance before the Judge who has assigned you to Grade Court. In addition, it is understood that Grade Court appearances may be assigned more frequently depending on the needs of each individual child.

{4} The consequences of failure to follow certain conditions of probation were likewise set out in detail.

FAILURE TO FOLLOW GRADE COURT CONDITIONS OF PROBATION:
1. CHILD DOES NOT COMPLETE ANY OF THE CONDITIONS OF PROBATION, ie., DAILY ASSIGNMENT SHEETS, WEEKLY PROGRESS REPORTS, BOOK REPORTS OR ATTENDANCE AT SCHOOL, FORGING, ALTERING, OR CAUSING MISREPRESENTATION OF INFORMATION: SUCH CHILD FOR THE FIRST BREACH MAY BE PLACED IN WEEKEND DETENTION AT THE SAN JUAN COUNTY DETENTION CENTER. IF FAILURES CONTINUE TO OCCUR, THE CHILD WILL BE REQUIRED TO CONTINUE WITH WEEKEND DETENTION OR DAILY DETENTION, DEPENDING ON THE SEVERITY OF THE BREACHES. PARENTS MAY BE ORDERED TO ATTEND SCHOOL TO INSURE THAT PROPER REPORTS ARE OBTAINED.
2. GRADES OF D OR F FOR A FINAL SIX-WEEK OR NINE-WEEK REPORTING PERIOD:
THE CHILD SHALL BE ACCOMPANIED TO SCHOOL FOR A PERIOD OF ONE DAY UP TO ONE WEEK BY HIS/HER PARENT OR PARENTS....
3.CONTINUED FAILURE IN GRADE PERFORMANCE OR ANY OTHER CONDITION OF GRADE COURT IF NOT ADDRESSED BY THE JUVENILE AND THE PARENTS: TERMINATION OF PROBATION AND PLACEMENT AT YDDC OR THE BOYS OR GIRLS SCHOOL [ ] CAN RESULT. IF FAILURE TO SUCCESSFULLY COMPLETE GRADE COURT AS A RESULT OF ANY LEGITIMATE PSYCHOLOGICAL OR EDUCATIONAL LEARNING DISABILITY, THEN THESE CAUSES WILL BE TAKEN INTO ACCOUNT BY THE COURT. PSYCHOLOGICAL EVALUATIONS AND POSSIBLE PANELING TO RESIDENTIAL TREATMENT CENTERS WILL ALSO BE CONSIDERED AS A POSSIBLE ALTERNATIVE FOR FAILURE TO SUCCESSFULLY COMPLETE GRADE COURT REQUIREMENTS.

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Cite This Page — Counsel Stack

Bluebook (online)
2004 NMCA 086, 94 P.3d 854, 136 N.M. 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-steven-b-nmctapp-2004.