State v. Madrid

New Mexico Court of Appeals

State v. Madrid

484 P.2d 367, 82 N.M. 525

CourtNew Mexico Court of Appeals

DecidedApril 16, 1971

DocketNo. 617

StatusPublished

Cited by1 cases

This text of 484 P.2d 367 (State v. Madrid) 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. Madrid, 484 P.2d 367, 82 N.M. 525 (N.M. Ct. App. 1971).

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Opinion

OPINION

SPIESS, Chief Judge.

Defendant was convicted and sentenced for the unlawful possession of marijuana under § 54-7-13, N.M.S.A.1953 (Rpl. Vol. 8, Pt. 2). This Act is known as the Uniform Narcotics Drug Act.

Defendant has appealed challenging the constitutionality of the Uniform Narcotics Drug Act. 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.

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.

We reverse with instructions to vacate the judgment and sentence and. dismiss the charge under which defendant was convicted.

It is so ordered.

HENDLEY and SUTIN, JJ., concur.

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