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STATE v. MABREY

No. 1823.

539 P.2d 617 (1975)

88 N.M. 227

STATE of New Mexico, Plaintiff-Appellee, v. Jerry Allen Mabrey, Defendant-Appellant.

Court of Appeals of New Mexico.

August 6, 1975.

Attorney(s) appearing for the Case

Leo C. Kelly, Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., Jay F. Rosenthal, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

The question is whether defendant's conviction for intentional distribution of marijuana is barred on the basis of double jeopardy. He was convicted of violating § 54-11-22(A), N.M.S.A. 1953 (Repl.Vol. 8, pt. 2, Supp. 1973). He claims the conviction is barred by the double jeopardy provision of N.M.Const., Art. II, § 15 because he had been previously tried on a charge of violating § 54-11-20(A), N.M.S.A. 1953 (Repl...

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