State v. Serna

OPINION

BOSSON, Justice.

In a prosecution for trafficking imitation controlled substances — in this case, baking soda packaged to look like cocaine — the New Mexico Imitation Controlled Substances Act allows the jury to consider evidence of any prior criminal convictions of the accused “related to controlled substances or fraud.” See NMSA 1978, § 30-31A-2(D)(5) (1983). On the other hand, our Rules of Evidence conscientiously restrict any evidentiary use of prior bad acts including criminal convictions. See Rules 11-404(B) NMRA; -403 NMRA. To avoid any conflict, we apply the state statute…