State v. Fuentes

CERTIFICATION TO THE SUPREME COURT

SUTIN, Judge.

Defendant’s appeal from his conviction of and sentence for distribution of a controlled substance raises an issue as to the jury instructions concerning the requisite intent to commit that crime.

The New Mexico Supreme Court has granted certiorari in State v. Lopez (Ct. App.), 84 N.M. 453, 504 P.2d 1086, decided November 17, 1972, and State v. Gunzelman (Ct.App.), 84 N.M. 451, 504 P.2d 1084, decided November 30, 1972. The Lopes and Gunzelman decisions arc both concerned with instructions to the jury concerning the requisite intent for the crimes…