Court of Appeals of New Mexico
Decision Information
State v. McNeece - cited by 58 documents
State v. Rendleman - cited by 6 documents
State v. Riley - cited by 67 documents
State v. Thorn - cited by 6 documents
Decision Content
STATE V. MADRID, 1971-NMCA-055, 82 N.M. 525, 484 P.2d 367 (Ct. App. 1971)
STATE OF NEW MEXICO, Plaintiff-Appellee,
vs.
RAMON MADRID, Defendant-Appellant
No. 617
COURT OF APPEALS OF NEW MEXICO
1971-NMCA-055, 82 N.M. 525, 484 P.2d 367
April 16, 1971
Appeal from the District Court of Dona Ana County, Sanders, Judge
COUNSEL
JOHN A. ANDERSON, Attorney at Law, Las Cruces, New Mexico, Attorney for Appellant.
DAVID L. NORVELL, Attorney General, FRANK N. CHAVEZ, Assist. Atty. Gen., Santa Fe, New Mexico, Attorneys for Appellee.
JUDGES
SPIESS, Chief Judge, wrote the opinion.
WE CONCUR:
William R. Hendley, J., Lewis R. Sutin, J.
OPINION
SPIESS, Chief Judge, Court of Appeals.
{1} Defendant was convicted and sentenced for the unlawful possession of marijuana under § 54-7-13, N.M.S.A. 1953 (Repl. Vol. 8, Pt. 2). This Act is known as the Uniform Narcotics Drug Act.
{2} Defendant has appealed challenging the constitutionality of the Uniform Narcotics Drug Act. {*526} We do not consider the constitutional question raised because, in our opinion, the trial court proceeded without jurisdiction to try and sentence defendant under the Uniform Narcotics Drug Act; the applicable Act being § 54-5-14, N.M.S.A. 1953.
{3} This case, in our opinion, falls squarely within State v. McNeece, 82 N.M. 345, 481 P.2d 707 (Ct. App. 1971); See State v. Riley, 82 N.M. 235, 478 P.2d 563 (Ct. App. 1970); State v. Rendleman, 481 P.2d 708 (Ct. App.) decided February 12, 1971; and State v. Thorn, 483 P.2d 312 (Ct. App.) decided March 12, 1971.
{4} We reverse with instructions to vacate the judgment and sentence and dismiss the charge under which defendant was convicted.
{5} IT IS SO ORDERED.
WE CONCUR:
William R. Hendley, J., Lewis R. Sutin. J.