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STATE v. HERRERA

No. 1242.

520 P.2d 554 (1974)

STATE of New Mexico, Plaintiff-Appellee, v. Anthony HERRERA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted February 15, 1974.

Attorney(s) appearing for the Case

John C. Maine, Jr., Martin, Maine & Hilton, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Jay F. Rosenthal, Sp. Asst. Atty. Gen., Sante Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

Defendant was sentenced for a term of not less than ten nor more than fifty years for unlawful distribution of heroin pursuant to § 54-11-20(B), N.M.S.A. 1953 (Repl.Vol. 8, pt. 2, 1973 Supp.). Defendant appeals. We remand.

Section 54-11-20(B) reads as follows:

B. Except as authorized by the Controlled Substances Act, it is unlawful for any person to intentionally traffic. Any person who violates this subsection...

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