Defendant recognizes that the Children's Court lacked jurisdiction over the D.W.I., reckless driving, and vehicular homicide offenses. Sections 32-1-3(N) and 32-1-48, N.M.S.A. 1978; Doe v. State, 88 N.M. 627, 545 P.2d 93 (Ct.App. 1976). Because the Children's Court lacked subject matter jurisdiction, defendant does not claim that the D.W.I., reckless driving, and vehicular homicide charges in the indictment were barred by Children's Court proceedings involving those charges.
Vol. 3, pt. 1, 1976). Cf. Doe v. State, 88 N.M. 627, 545 P.2d 93 (Ct.App. 1976). However, had the crime been committed by an adult, jurisdiction would have been in the magistrate court.
Although the child committed delinquent acts, there was no finding that the child was in need of care or rehabilitation, or a finding that the child was a delinquent child. See Doe v. State, 88 N.M. 627, 545 P.2d 93 (Ct.App. 1976). The Children's Court lacked authority to order the diagnostic evaluation.