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STATE v. HERRERA

No. 9928.

522 P.2d 76 (1974)

86 N.M. 224

STATE of New Mexico, Petitioner, v. Anthony HERRERA, Respondent.

Supreme Court of New Mexico.

Rehearing Denied May 24, 1974.

Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., F. Scott MacGillivray, Asst. Atty. Gen., Santa Fe, for petitioner.

John C. Maine, Jr., Albuquerque, for respondent.

New Mexico District Attorneys' Ass'n, Joseph P. Paone, Albuquerque, amicus curiae.

OPINION

STEPHENSON, Justice.

Defendant was convicted of trafficking in heroin in violation of § 54-11-20, N.M.S.A. 1953 (Supp. 1973). He was sentenced to serve not less than ten nor more than fifty years and appealed. The Court of Appeals reversed and remanded for resentencing. State v. Herrera, 86 N.M. 134, 520 P.2d 554 (Ct.App. 1974). We granted certiorari and now reverse the Court of Appeals.

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