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86 N.M. 382

524 P.2d 998

State v. Sedillo

New Mexico Court of Appeals

Decided June 12, 1974

New Mexico Court of Appeals · decided 1974-06-12

Relies on Alexander v. Delgado Ex Rel. Delgado · State v. Akin · Gandara Ex Rel. Gandara v. Wilson

Good law ✅— No negative treatment on recordhow we know

Decided 1974-06-12

How this case has been cited

Cited by 26 later decisions — most recently September 1995 · most notably State v. Scott (1977), State v. Porras-Fuerte (1994)

26 state decisions

140197419801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 OPINION

SUTIN, Judge.

¶2 Defendant was convicted of the unlawful distribution of heroin. Section 54-11-20, N.M.S.A.1953 (Repl.Vol. 8, pt. 2, 1973 Supp.). He appeals. We affirm.

¶3 Defendant contends (1) improper extension of time granted under Rule 37, and (2) refusal of defendant’s instruction on entrapment, and closing argument on this issue.

¶4 (1) Court of Appeals cannot review orders of the Supreme Court.

¶5 Defendant contends that the Supreme Court improperly granted an extension of time under Rule 37(c) of the Rules of Criminal Procedure [§ 41-23-37(c), N. M.S.A.1953 (2d Repl.Vol. 6, 1973 Supp.)]. Neither the legislature nor the Supreme Court has granted the Court of Appeals any power to review Supreme Court orders granting an extension of time. Its orders are final. See, Alexander v. Delgado, 84 N.M. 717, 507 P.2d 778 (1973); Gandara v. Wilson, 85 N.M. 161, 509 P.2d 1356 (Ct.App.1973); Salazar v. State, 82 N.M. 630, 485 P.2d 741 (Ct.App.1971).

¶6 (2) Entrapment was not an issue.

¶7 Defendant contends the trial court erred in refusing defendant’s instruction on entrapment and refused defendant the right to argue entrapment to the jury.

¶8 There is evidence that defendant was a “known drug pusher.” On two occasions an undercover agent asked defendant if he had any heroin to sell. On each occasion there was a sale. There is no evidence of undue persuasion or that defendant was enticed to make the sales. State v. Rodriguez, 84 N.M. 60, 499 P.2d 378 (Ct.App.1972). All the evidence shows is that defendant was given the opportunity to commit the crimes. That is not entrapment. State v. Akin, 75 N.M. 308, 404 P.2d 134 (1965).

¶9 Affirmed.

¶10 It is so ordered.

WOOD, C. J., and LOPEZ, J., concur.
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