State v. Almeida

OPINION

CASTILLO, Judge.

{1} Defendant appeals his convictions for possession of methamphetamine, contrary to NMSA 1978, § 30-31-23(D) (1990) (amended 2005), and for possession of drug paraphernalia, contrary to NMSA 1978, § 30-31-25.1 (2001). He argues that his two convictions violate double jeopardy. We agree, reverse the trial court, and remand with instruction to vacate the paraphernalia conviction.

I. BACKGROUND

{2} On February 7, 2005, Defendant was arrested for violating the terms of his parole. The pertinent facts follow. While patting down Defendant’s legs, the booking officer at the San…