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State v. Rendleman

481 P.2d 708, 82 N.M. 346
New Mexico Court of Appeals·Decided February 12, 1971·No. 585·Published·Cited by 4 cases

Opinion

OPINION

SUTIN, Judge.

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.

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.

The conviction and sentence are reversed. The cause is remanded with instruction to vacate the conviction judgment and sentence, and dismiss the charge ttnder which Rendleman was prosecuted.

It is so ordered.

WOOD and HENDLEY, jj'., concur.

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State v. Rendleman, 481 P.2d 708, 82 N.M. 346 (N.M. Ct. App. 1971).

481 P.2d 708 (State v. Rendleman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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