State v. Herrera

OPINION

STEPHENSON, Justice.

Defendant was convicted of trafficking in heroin in violation of § 54-11-20, N.M. S.A. 1953 (Supp.1973). He was sentenced to serve not less than ten nor more than fifty years and appealed. The Court of Appeals reversed and remanded for resentencing. State v. Herrera, 86 N.M. 134, 520 P.2d 554 (Ct.App.1974). We granted certiorari and now reverse the Court of Appeals.

Various statutes or portions thereof are pertinent to our consideration of the issues. § 54-11-20 is part of the Controlled Substances Act (Laws 1972, ch. 84). § 54-11-20, subd. B. provides:

“B. Except as…