Legal Opinion
State v. Alderete
New Mexico Court of Appeals
Decided July 2, 1975No. 1793PublishedCited by 13 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
A supplemental information charged defendant with three prior convictions for unlawful possession of heroin. The State sought enhancement of the sentence for the third conviction under the habitual offender statute. Section 40A :29-5, N.M.S.A. 1953 (2d Repl.Vol. 6). The trial court dismissed the supplemental information. It held:. the Legislature, in enacting the Controlled Substances Act and more specifically Section 54-11-23(B) (5), N.M.S.A. 1974 Supp., did not intend to make the Habitual Offender statute, Section 40A-29-5, N.M.S.A. 1953 Supp. as amended, applicable…
2Cases cited4 opinions
- Bettini v. City of Las CrucesNew Mexico Supreme Court · 1971
- State v. LujanNew Mexico Supreme Court · 1966
- Winston v. New Mexico State Police BoardNew Mexico Supreme Court · 1969
- State v. LardNew Mexico Court of Appeals · 1974
3Cited by13 opinions
- State v. SandersSupreme Court of Louisiana · 1976
- State v. KeithNew Mexico Court of Appeals · 1985
- Jones v. MurdochNew Mexico Supreme Court · 2009
- State v. RolandNew Mexico Court of Appeals · 1977
- State v. LaceyNew Mexico Court of Appeals · 2002
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