State v. Rendleman

New Mexico Court of Appeals

State v. Rendleman

481 P.2d 708, 82 N.M. 346

CourtNew Mexico Court of Appeals

DecidedFebruary 12, 1971

Docket585

StatusPublished

Cited by4 cases

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

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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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