State v. Berry

New Mexico Court of Appeals

State v. Berry

520 P.2d 557, 86 N.M. 137

CourtNew Mexico Court of Appeals

DecidedJanuary 24, 1974

DocketNo. 1191

StatusPublished

Cited by1 cases

This text of 520 P.2d 557 (State v. Berry) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Berry, 520 P.2d 557, 86 N.M. 137 (N.M. Ct. App. 1974).

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Opinion

CERTIFICATION TO THE SUPREME COURT

HERNANDEZ, Judge.

Defendant’s appeal from his conviction of and sentence for an unlawful sale of heroin raises an issue as to the correct sentence for the commission of that crime.

In the case of State of New Mexico v. Anthony Herrera, 520 P.2d 554 (Ct.App.), decided January 23, 1974, Judge Hendley and Judge Sutin with Judge Lopez dissenting decided the same issue of sentencing adverse to the opinion of the majority, Judge Hernandez and Judge Lopez, in the instant case.

On the basis of this difference of opinion between the two panels and pursuant to § 16 — 7—14(B) (2), N.M.S.A.1953 (Repl.Vol. 4), this case is certified to the New Mexico Supreme Court for decision.

SUTIN and LOPEZ, JJ., concur.

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