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STATE v. BERRY

No. 1191.

520 P.2d 557 (1974)

STATE of New Mexico, Plaintiff-Appellee, v. Lester BERRY, aka Lester Jones, Defendant-Appellant.

Court of Appeals of New Mexico.

Certification to the Supreme Court January 24, 1974.

Attorney(s) appearing for the Case

Ray Tabet, Albuquerque, for defendant-appellant.

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

CERTIFICATION TO THE SUPREME COURT

HERNANDEZ, Judge.

Defendant'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.

In 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...

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