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STATE v. DEBARRY

No. 1424.

527 P.2d 505 (1974)

86 N.M. 742

STATE of New Mexico, Plaintiff-Appellee, v. Rosswell William DEBARRY, Defendant-Appellant.

Court of Appeals of New Mexico.

October 9, 1974.

Attorney(s) appearing for the Case

Roy G. Hill, Santa Fe, for defendant-appellant.

David L. Norvell, Atty. Gen., Jane E. Pendleton, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Convicted of two counts of trafficking in a controlled substance (§ 54-11-20, N.M.S.A. 1953 (Repl.Vol. 1962, pt. 2, Supp. 1973)) defendant appeals raising three points for reversal: (1) failure to disclose informant's identity; (2) failure to give an "absent witness" instruction; and, (3) failure to sentence pursuant to State v. Herrera, 86 N.M. 134, 520 P.2d 554 (Ct.App. 1974).

Failure...

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