Legal Opinion
State v. McNeece
New Mexico Court of Appeals
Decided February 12, 1971No. 529PublishedCited by 25 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
Defendant was erroneously convicted and sentenced because the proceedings against him, for possession of marijuana, were under the inapplicable general statute, § 54-7-13, N.M.S.A. 1953 (Repl. Vol. 8, pt. 2, Supp.1969). The applicable statute is § 54-5-14, N.M.S.A. 1953 (Repl. Vol, 8, pt. 2). State v. Riley, 82 N.M. 235, 478 P.2d 563 (Ct.App.), decided December 11, 1970.
The appeal does not question which statute is the applicable one. However, “* * * [ljack of jurisdiction at any stage of a proceeding is a controlling consideration to be resolved before going further. * • *…
2Cases cited5 opinions
- State v. ArnoldNew Mexico Supreme Court · 1947
- Neller v. StateNew Mexico Supreme Court · 1968
- Heckathorn v. HeckathornNew Mexico Supreme Court · 1967
- State v. RileyNew Mexico Court of Appeals · 1970
- State v. WeddleNew Mexico Supreme Court · 1967
3Cited by25 opinions
- Tallman v. ABF (Arkansas Best Freight)New Mexico Court of Appeals · 1988
- Perea v. BacaNew Mexico Supreme Court · 1980
- State v. SinyardNew Mexico Court of Appeals · 1983
- State v. LosollaNew Mexico Court of Appeals · 1972
- State v. FosterNew Mexico Court of Appeals · 1974
20 more not listed; retrieve them via the Exa API.