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. GARCIA, 1971-NMCA-060, 82 N.M. 536, 484 P.2d 756 (Ct. App. 1971)
STATE OF NEW MEXICO, Plaintiff-Appellee,
vs.
DIANE GARCIA, Defendant-Appellant
No. 634
COURT OF APPEALS OF NEW MEXICO
1971-NMCA-060, 82 N.M. 536, 484 P.2d 756
April 23, 1971
Appeal from the District Court of Curry County, Blythe, Judge
COUNSEL
DAVID L. NORVELL, Attorney General, JOHN A. DARDEN, Ass't. Atty. Gen., Santa Fe, New Mexico, Attorneys for Appellee.
CHESTER A. HUNKER, Clovis, New Mexico, Attorney for Appellant.
JUDGES
WOOD, Judge, wrote the opinion.
WE CONCUR:
Waldo Spiess, C.J., Lewis R. Sutin, J.
OPINION
WOOD, Judge.
{1} Defendant was prosecuted under 54-7-14, N.M.S.A. 1953 (Repl. Vol. 8, pt. 2, Supp. 1969) for the unlawful sale or delivery of marijuana. This is the general narcotics statute. Defendant contended before the trial court, and asserts here, that the prosecution should have been under 54-5-14, N.M.S.A. 1953 (Repl. Vol. 8, pt. 2), which is the special statute. We agree. This issue was decided in State v. Riley, 82 N.M. 235, 478 P.2d 563 (Ct. App. 1970). Riley has been applied in State v. Thorn, (Ct. App.), 82 N.M. 431, 483 P.2d 312, decided March 12, 1971; State v. Rendleman, 82 N.M. 346, 481 P.2d 708 (Ct. App. 1971), and State v. McNeece, 82 N.M. 345, 481 P.2d 707 (Ct. App. 1971). The State asserts that State v. Riley, supra, was wrongly decided. We disagree; instead, we reaffirm what was stated in the Riley opinion.
{2} The judgment and sentence is reversed. The cause is remanded with instructions to dismiss the charge against defendant under the general narcotics statute.
{3} IT IS SO ORDERED.
WE CONCUR:
Waldo Spiess, C.J., Lewis R. Sutin, J.