STATE V. RENDLEMAN, 1971-NMCA-013, 82 N.M. 346, 481 P.2d 708 (Ct. App. 1971)
STATE OF NEW MEXICO, Plaintiff-Appellee,
vs.
DONALD B. RENDLEMAN, Defendant-Appellant
No. 585
COURT OF APPEALS OF NEW MEXICO
1971-NMCA-013, 82 N.M. 346, 481 P.2d 708
February 12, 1971
Appeal from the District Court of Grant County, Hodges, Judge
COUNSEL
DAVID L. NORVELL, Attorney General, THOMAS L. DUNIGAN, Ass't. Atty. Gen., Santa Fe, New Mexico, Attorneys for Appellee.
C.N. MORRIS, Silver City, New Mexico, Attorney for Appellant.
JUDGES
SUTIN, Judge, wrote the opinion.
WE CONCUR:
Joe W. Wood J., William R. Hendley J.
OPINION
SUTIN, Judge.
{1} Rendleman was convicted and sentenced for the unlawful possession of marijuana under § 54-7-13 N.M.S.A. 1953 (Repl. Vol. 8, pt. 2), known as the Uniform Narcotic Drug Act. Rendleman appealed. We reverse.
{2} This case falls directly within State v. Riley, 82 N.M. 235, 478 P.2d 563 (Ct. App.) decided December 11, 1970, in which § 54-7-14 of the Uniform Narcotic Drug Act was held inapplicable, and § 54-5-14 N.M.S.A. 1953 (Repl. Vol. 8, pt. 2), a special act, was held operative.
{3} The conviction and sentence are reversed. The cause is remanded with instruction to vacate the conviction judgment and sentence, and dismiss the charge under which Rendleman was prosecuted.
{4} IT IS SO ORDERED.
WE CONCUR:
Joe W. Wood J., William R. Hendley J.