STATE v. JULIA S.

No. 8549.

719 P.2d 449 (1986)

104 N.M. 222

STATE of New Mexico, Petitioner-Appellee, v. JULIA S., Respondent-Appellant.

Court of Appeals of New Mexico.

April 24, 1986.


Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., Charles D. Noland, Asst. Atty. Gen., Patricia Frieder, Asst. Atty. Gen., Santa Fe, for petitioner-appellee.

Jacquelyn Robins, Chief Public Defender, Lynne Fagan, Asst. Appellate Defender, Santa Fe, for respondent-appellant.

Robert M. Aurbach, Executive Director, Administrative Office of Dist. Attys., Santa Fe, amicus curiae Admin. Office of Dist. Attys.

Martha A. Daly, Rothstein, Bailey, Bennett, Daly & Donatelli, Santa Fe, amicus curiae N.M. Civil Liberties Union.

Nancy Hollander, Freedman, Boyd & Daniels, P.A., Albuquerque, Alice C. Shotton, Loren M. Warboys, San Francisco, Cal., amicus curiae, N.M. Council on Crime and Delinquency.


OPINION

ALARID, Judge.

Respondent Julia S. appeals from an order of the children's court incarcerating her in a secure detention facility for fifteen days. The issue on appeal is whether the court had authority to order the incarceration for a child in need of supervision (CHINS) for a finding of a probation violation. We reverse. Statutory citations are to the Children's Code (Code), NMSA 1978, Sections 32-1-1...

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