State v. McWhorter

OPINION

PICKARD, Judge.

{1} Defendant appeals her conviction of attempt to commit trafficking (by manufacturing). Defendant was convicted after entering a conditional guilty plea, reserving the right to appeal whether the general/speeific rule required the State to charge Defendant with possession of drug paraphernalia, NMSA 1978, § 30-31-25.KB) (2001), rather than attempt to commit trafficking (by manufacturing), NMSA 1978, § 30-31-20(A)(1) (1990). Defendant’s conviction resulted from her arrest for shoplifting medications containing ephedrine. Defendant intended to sell the medications so…