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86 N.M. 137

State v. Berry

New Mexico Court of Appeals

Decided January 24, 1974

New Mexico Court of Appeals · decided 1974-01-24

Cited by 1 later decisions — most recently February 1974

1 state decisions

Relies on State v. Herrera

Good law ✅— No negative treatment on recordhow we know

Decided 1974-01-24

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¶1CERTIFICATION TO THE SUPREME COURT

HERNANDEZ, Judge.

¶2Defendant’s appeal from his conviction of and sentence for an unlawful sale of heroin raises an issue as to the correct sentence for the commission of that crime.

¶3In the case of State of New Mexico v. Anthony Herrera, 520 P.2d 554 (Ct.App.), decided January 23, 1974, Judge Hendley and Judge Sutin with Judge Lopez dissenting decided the same issue of sentencing adverse to the opinion of the majority, Judge Hernandez and Judge Lopez, in the instant case.

¶4On the basis of this difference of opinion between the two panels and pursuant to § 16 — 7—14(B) (2), N.M.S.A.1953 (Repl.Vol. 4), this case is certified to the New Mexico Supreme Court for decision.

SUTIN and LOPEZ, JJ., concur.
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