Court of Appeals of New Mexico
Decision Information
State v. Rendleman - cited by 6 documents
State v. Riley - cited by 67 documents
Decision Content
STATE V. THORN, 1971-NMCA-023, 82 N.M. 431, 483 P.2d 312 (Ct. App. 1971)
STATE OF NEW MEXICO, Plaintiff-Appellee,
vs.
DOUGLAS R. THORN, Defendant-Appellant
No. 547
COURT OF APPEALS OF NEW MEXICO
1971-NMCA-023, 82 N.M. 431, 483 P.2d 312
March 12, 1971
Appeal from the District Court of Roosevelt County, Blythe, Judge
COUNSEL
JAMES A. MALONEY, Attorney General, THOMAS L. DUNIGAN, Ass't Atty. Gen., Santa Fe, New Mexico, Attorneys for Appellee.
FRED T. HENSLEY, Portales, New Mexico, Attorney for Appellant.
JUDGES
SUTIN, Judge, wrote the opinion.
WE CONCUR:
Waldo Spiess, C.J., Joe W. Wood, J.
OPINION
SUTIN, Judge.
{1} Thorn pleaded guilty to possession of marijuana under § 54-7-13, N.M.S.A. 1953 (Repl. Vol. 8, pt. 2). This is the general {*432} narcotics law which contains a mandatory sentence provision. Under State v. Riley, 82 N.M. 235, 478 P.2d 563 (1970), and State v. Rendleman (Ct. App.) 82 N.M. 346, 481 P.2d 708, decided February 12, 1971, the conviction and sentence is reversed.
{2} At the hearings, in connection with the above charge, the trial court expressed the point of view that the state had the option of proceeding under the general statute, or the special statute which is § 54-5-14, N.M.S.A. 1953 (Repl. Vol. 8, pt. 2). Thorn's appeal contends it was error to charge him under the general statute. We agree.
{3} The rule fixed in Riley applies to the Thorn case.
{4} The judgment and sentence of Thorn in the trial court is reversed. The cause is remanded with instructions to vacate the judgment and sentence and dismiss the charge under which Thorn pleaded guilty.
{5} IT IS SO ORDERED.
WE CONCUR:
Waldo Spiess, C.J., Joe W. Wood, J.