As a guardian ad litem (GAL) and domestic relations mediator in New Mexico, I take special interest in unusual court cases involving children. In State v. Oden, 2011-NMSC-024, the New Mexico Supreme Court has held that a life sentence for a 16 year-old child is authorized but not mandated under NMSA Sec. 31-18-15.3(D).
In Ogden, the Child confessed to and was convicted for shooting and killing victim in his home and stealing his car. Section 31-18-15.3(D) provides that a "court may sentence [a serious youthful] offender to less than, but not exceeding, the mandatory term for an adult." Id.
While concluding a life sentence was authorized, the Court nonetheless reversed and remanded on grounds that the sentence unlawful here because it was rendered without a pre-sentence report. The Court reasoned that under Sec. 31-10-15.3(E) it "is not permitted to sentence a youthful offender until two precedent conditions have been satisfied. First, a pre-sentence report must be prepared by adult probation services, and second, the report must be submitted to the district court and the parties five days prior to the sentencing hearing." Oden, para. 64.
In so ruling, the Court rejected State arguments that the issue had not been preserved, it was the obligation of adult probation services and not the court to ensure a pre-sentence report, and the Child had not shown prejudice. The Court noted that it "has no jurisdiction to impose a sentence except in accordance with the law." Id., para 63, citing State v. Mares, 119 NM 48 (1994).
If you are interested in child-related mediation or guardian ad litem (GAL) services, please contact Pilar Vaile, P.C. at (505) 247-0802, or info@pilarvailepc.com.
