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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

7 STATE OF NEW MEXICO, 8 9 v. 10 CHRISTINA E., 11 Child-Appellant. Plaintiff-Appellee, NO. 29,708

12 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY 13 Freddie J. Romero, District Judge 14 Gary K. King, Attorney General 15 Santa Fe, NM 16 for Appellee 17 Hugh W. Dangler, Chief Public Defender 18 Eleanor Brogan, Assistant Appellate Defender 19 Santa Fe, NM 20 for Appellant 21 22 WECHSLER, Judge. 23 Child appeals the judgment and disposition in which the district court found MEMORANDUM OPINION

1 that Child committed the offense of public affray. We proposed to affirm the district 2 court's decision in a calendar notice, and Child has responded to that notice with a 3 memorandum in opposition. We have duly considered Child's arguments, but we are 4 not persuaded by them. We therefore affirm. 5 Child continues to claim that there was insufficient evidence that she committed

6 public affray. Child points to evidence that Child did not want to fight and that the 7 other student (Amber) struck the first blow. To find that Child committed the offense 8 of public affray, the jury was required to find that the two students voluntarily, or by 9 agreement, engaged in a fight or used blows or violence towards each other; that Child 10 acted in an angry or quarrelsome manner; and that the incident occurred in a public 11 place to the disturbance of others. NMSA 1978,

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