Legal Opinion
State v. Debarry
New Mexico Court of Appeals
Decided October 9, 1974No. 1424PublishedCited by 13 opinions
1Opinion of the Court
OPINION
HENDLEY, Judge.
Convicted of two counts of trafficking in a controlled substance (§ 54 — 11-20, N. M.S.A.1953 (Repl.Vol.1962, pt. 2, Supp. 1973)) defendant appeals raising three points for reversal: (1) failure to disclose informant’s identity; (2) failure to give an “absent witness” instruction; and, (3) failure to sentence pursuant to State v. Herrera, 86 N.M. 134, 520 P.2d 554 (Ct.App. 1974).
Failure to Disclose
Informant’s Identity
The two heroin sales for which defendant was found guilty occurred at the residence of defendant’s mother. At the time of the first sale, Officer Herrera…
2Cases cited10 opinions
- Roviaro v. United StatesSupreme Court of the United States · 1957
- State v. TorresNew Mexico Court of Appeals · 1970
- State v. HerreraNew Mexico Supreme Court · 1974
- United States v. Melvin P. DayCourt of Appeals for the Third Circuit · 1967
- United States v. John James Connolly, United States of America v. William Carl JeppesenCourt of Appeals for the Ninth Circuit · 1973
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. BalderamaNew Mexico Supreme Court · 2004
- State v. LunaNew Mexico Court of Appeals · 1979
- State v. PohlNew Mexico Court of Appeals · 1976
- State v. CarrilloNew Mexico Court of Appeals · 1975
- State v. SavageNew Mexico Court of Appeals · 1993
8 more not listed; retrieve them via the Exa API.