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STATE v. LOSOLLA

No. 836.

500 P.2d 436 (1972)

STATE of New Mexico, Plaintiff-Appellee, v. Orlando LOSOLLA, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied August 8, 1972.

Attorney(s) appearing for the Case

Philip W. Steere, Las Cruces, for defendant-appellant.

David L. Norvell, Atty. Gen., Prentis Reid Griffith, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HERNANDEZ, Judge.

Defendant, Orlando Losolla, was tried and convicted of violating § 54-7-51, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2) unlawful use of a narcotic drug. He appeals. The issues: (1) lack of advice of rights; and (2) sufficiency of the evidence.

The second issue being dispositive of the appeal, we need not consider the first.

The Information under which defendant was tried, charged "That on or about February 22, 1971,...

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