Legal Opinion
State v. Heyward
New Mexico Court of Appeals
Decided August 23, 1977No. 3017PublishedCited by 7 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Does the enhanced sentence provision of the general habitual offender statute, § 40A-29-5(A), N.M.S.A.1953 (2d Repl. Vol. 6), apply to defendant’s conviction for trafficking in heroin? No.
The information charges a felony conviction in 1972 for unlawful possession of heroin and a second felony conviction in 1977 for trafficking in heroin. The trafficking conviction was for violation of § 54-11-20, N.M.S.A.1953 (Repl. Vol. 8, pt. 2, Supp. 1975), a part of the Controlled Substances Act. The State sought to enhance the sentence for trafficking under § 40A-29-5(A), supra.…
2Cases cited5 opinions
- State v. LujanNew Mexico Supreme Court · 1966
- State v. LardNew Mexico Court of Appeals · 1974
- State v. LujanNew Mexico Supreme Court · 1977
- State v. AldereteNew Mexico Court of Appeals · 1975
- State v. RolandNew Mexico Court of Appeals · 1977
3Cited by7 opinions
- Ronald F. Goodloe v. Robert Parratt, Warden, Nebraska Penal & Correctional ComplexCourt of Appeals for the Eighth Circuit · 1979
- State v. ChapmanNebraska Supreme Court · 1980
- State Ex Rel. Daye v. McBrideWest Virginia Supreme Court · 2007
- State v. ReavesNew Mexico Court of Appeals · 1982
- State v. AnayaNew Mexico Supreme Court · 1996
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