N.M. Stat. § 31-9-1

Current through 2024, ch. 69

Section 31-9-1 - Determination of competency; raising the issue

Whenever it appears that there is a question as to the defendant's competency to proceed in a criminal case, any further proceeding in the cause shall be suspended until the issue is determined. Unless the case is dismissed upon motion of a party, when the question is raised in a court other than the district court or a metropolitan court, the proceeding shall be suspended and the cause transferred to the district court. If the question of a defendant's competency is raised in the metropolitan court and the court determines that the defendant is incompetent to proceed in a criminal case, the cause, if not dismissed upon motion of a party, shall be transferred to the district court.

NMS § 31-9-1

1978 Comp., § 31-9-1, enacted by Laws 1988, ch. 107, § 1 and by 1988, ch. 108, § 1; 1989, ch. 94, § 1; 1993, ch. 240, § 1; 1993, ch. 249, § 1.