New Mexico Statutes
§ 31-9-1 — Determination of competency; raising the issue
A.When a party or the court raises a question as to a defendant's competency to stand trial in a criminal case, the proceeding shall be suspended until the issue is determined.
B.Unless the case is dismissed upon motion of a party or through diversion, if the question of a defendant's competency is raised in a court other than a district court or metropolitan court, the case shall be transferred to the district court; provided that if the question of a defendant's competency is raised in a metropolitan court and the court determines that the defendant is not competent to stand trial, the case shall be transferred to the district court.
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Legislative History
1978 Comp., § 31-9-1, enacted by Laws 1988, ch. 107, § 1 and by 1988, ch.
Nearby Sections
15
§ 31-1-1
Short title§ 31-1-2
Definitions§ 31-1-3
Method of prosecution§ 31-1-5
Procedures on arrest; reports§ 31-11-1
Stay of execution; release§ 31-11-6
Post-conviction remedy§ 31-12-10
Repealed