{
  "id": 2831867,
  "name": "In the Matter of John DOE, a child, Appellant",
  "name_abbreviation": "In re Doe",
  "decision_date": "1975-04-30",
  "docket_number": "No. 1971",
  "first_page": "466",
  "last_page": "468",
  "citations": [
    {
      "type": "official",
      "cite": "87 N.M. 466"
    },
    {
      "type": "parallel",
      "cite": "535 P.2d 1092"
    }
  ],
  "court": {
    "name_abbreviation": "N.M. Ct. App.",
    "id": 9025,
    "name": "Court of Appeals of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [
    {
      "cite": "87 N.M. 170",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        2836897
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/nm/87/0170-01"
      ]
    }
  ],
  "analysis": {
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    "sha256": "5c9d6d2fbc9f749f7f0d64686f22c470c362cff04c9e2c2e561ff13d5f55870b",
    "simhash": "1:115cb44bfd27597a",
    "word_count": 551
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  "last_updated": "2023-07-14T21:55:50.541053+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "WOOD, C. J., and SUTIN, J., concur."
    ],
    "parties": [
      "In the Matter of John DOE, a child, Appellant."
    ],
    "opinions": [
      {
        "text": "OPINION\nHENDLEY, Judge.\nA petition, pursuant to the Children\u2019s Code, \u00a7 13-14 \u2014 1 through \u00a7 13-14-45, N.M. S.A. 1953 (Repl. Vol. 3, 1969, Supp.1973), was filed alleging that the child, age sixteen, was a delinquent and in need of care or rehabilitation, in that he did violate the Village of Carrizozo curfew ordinance and that he did possess alcoholic beverages \u201c * * * contrary to the provisions of Sections 45-10-12 and 46-10-19 N.M.S.A. (1953).\u201d The child and his parents were pro se at the hearing on the petition. The child admitted he committed the two offenses. On the basis of the admissions the Children\u2019s Court entered a Judgment and Order and the child was \u201c * * * committed to the custody of the New Mexico Department of [ Corrections for no more than sixty (60) days for comprehensive social and psychological evaluation. * * *\u201d The child appeals alleging the petition was defective and therefore the Children\u2019s Court was without jurisdiction to enter its Judgment and Order. We agree.\nSection 13-14 \u2014 3(0), supra, defines a delinquent child as a child who has committed a delinquent act and is in need of care or rehabilitation. Section 13-14-3 (N), supra, defines delinquent act as an act committed by a child, which would be designated as a crime under the law if committed by an adult, except for offenses under municipal traffic codes or the Motor Vehicle Code.\nThe restricted hours section of the Village of Carrizozo curfew ordinance states:\n\u201c * * * It shall be unlawful for any juvenile, male or female, under the age of eighteen (18) years to be upon any of the streets of the Town at any time between the hours of nine thirty o\u2019clock (9:30) P.M. and five o\u2019clock (5:00) A. M., unless accompanied by a parent or guardian. * * *\u201d\nThis section does not come within the purview of \u00a7 13-14-3(N), supra, defining a delinquent act. The ordinance relates to any juvenile under the age of eighteen years.\nAs to the second charge, \u00a7 45-10-12, N.M.S.A. 1953 (Repl. Vol. 7, 1966), relates to the conduct of election for the creation of a weed control district. Section 46-10-19, N.M.S.A. 1953 (Repl. Vol. 7, 1966) is the penalty section of the Alcoholic Beverage Act. Neither of these sections constitutes a delinquent act as defined by \u00a7 13-14-3 (N), supra.\nFurther, the fact that the child did possess alcoholic beverages does not constitute a delinquent act as defined in \u00a7 13-14-3(N), supra. The possession of alcoholic beverages would not be a crime under the law if committed by an adult.\nAccordingly, neither of the charges constituted a delinquent act. The Children\u2019s Court was without jurisdiction to enter the Judgment and Order. See In Re Doe, 87 N.M. 170, 531 P.2d 218 (Ct.App.1975).\nBy the foregoing, we are not saying that a valid petition pursuant'to \u00a7 13-14 \u2014 3 (M), supra, and \u00a7 13-14 \u2014 9(A) (2), supra, asserting the aforementioned two counts, would be jurisdictionally defective. The cause is reversed and remanded with instructions to dismiss the petition with prejudice.\nIt is so ordered.\nWOOD, C. J., and SUTIN, J., concur.",
        "type": "majority",
        "author": "HENDLEY, Judge."
      }
    ],
    "attorneys": [
      "Albert J. Rivera, Alamogordo, for appellant.",
      "Toney Anaya, Atty. Gen., Andrea Buzzard, Asst. Atty. Gen., Santa Fe, for appellee."
    ],
    "corrections": "",
    "head_matter": "535 P.2d 1092\nIn the Matter of John DOE, a child, Appellant.\nNo. 1971.\nCourt of Appeals of New Mexico.\nApril 30, 1975.\nAlbert J. Rivera, Alamogordo, for appellant.\nToney Anaya, Atty. Gen., Andrea Buzzard, Asst. Atty. Gen., Santa Fe, for appellee."
  },
  "file_name": "0466-01",
  "first_page_order": 492,
  "last_page_order": 494
}