STATE v. TUCKER

No. 1347.

525 P.2d 913 (1974)

86 N.M. 553

STATE of New Mexico, Plaintiff-Appellee, v. Robert E. TUCKER, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied July 1, 1974.

Certiorari Denied July 25, 1974.


Attorney(s) appearing for the Case

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, Appellate Defender, George Henry Farrah, Asst. Public Defender, Santa Fe, for defendant-appellant.

David L. Norvell, Atty. Gen., Willard W. Royer, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

LOPEZ, Judge.

Convicted of unlawful distribution of a controlled substance contrary to § 54-11-22(A), N.M.S.A. 1953 (Vol. 8, pt. 2, Supp. 1973), defendant raises the following issues: (1) applicability of the Controlled Substances Act to individuals; (2) instructions on intent; (3) admissibility of evidence of prior misconduct; and (4) sentencing. We affirm.

The first issue was decided adversely to defendant's position in State v. McHorse...

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